A former United Health Services worker is cleared of a charge stemming from accusations that she took a graphic photo of a disabled patient and shared the picture with another UHS employee in 2009.

Binghamton City Court has dismissed the unlawful surveillance charge against Katelyn Baker of Windsor, who had worked as a nurse's aid at Binghamton General Hospital.

The Broome County District Attorney recommended the charge be dismissed on the grounds of insufficient evidence.

The family of the severely disabled woman whose photo had been allegedly taken by a cell phone camera said they were upset by the decision.

The relatives said they believed Baker would not have been fired by UHS if the incident had not actually happened.

The family has indicated the case may be pursued on the state level.