¶1In a proceeding to compel the Medical Director of the Green Haven Correctional Facility to perform surgery upon petitioner, the appeal is from a judgment of the Supreme Court, Westchester County, dated August 16, 1977, which denied the application. Appeal dismissed, without costs or disbursements. This appeal must be dismissed as academic. Petitioner has been released on parole from the Green Haven Correctional Facility and is thus no longer subject to the medical determinations made by Dr. Soley. To order Dr. Soley to perform surgery upon petitioner would therefore be a meaningless gesture. Hopkins, J. P., Martuscello, Damiani and Rabin, JJ., concur.
63 A.D.2d 981
Garcia v. Soley
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 1978
Appellate Division of the Supreme Court of the State of New York · decided 1978-06-12
Cited by 1 later decisions — most recently May 1980
Good law ✅— No negative treatment on recordhow we know
Decided 1978-06-12
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