Garcia v. Soley

Appellate Division of the Supreme Court of New York

Garcia v. Soley

63 A.D.2d 981, 406 N.Y.S.2d 697, 1978 N.Y. App. Div. LEXIS 12051

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 1978·Published·Cited by 2 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

63 A.D.2d 981 (Garcia v. Soley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related