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Garcia v. Soley

63 A.D.2d 981, 406 N.Y.S.2d 697, 1978 N.Y. App. Div. LEXIS 12051
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 12, 1978
StatusPublished
Cited by2 cases

This text of 63 A.D.2d 981 (Garcia v. Soley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Soley, 63 A.D.2d 981, 406 N.Y.S.2d 697, 1978 N.Y. App. Div. LEXIS 12051 (N.Y. Ct. App. 1978).

Opinion

In 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.

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Related

In re McGrath
245 A.D.2d 1081 (Appellate Division of the Supreme Court of New York, 1997)
Graham v. Scully
113 A.D.2d 990 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
63 A.D.2d 981, 406 N.Y.S.2d 697, 1978 N.Y. App. Div. LEXIS 12051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-soley-nyappdiv-1978.