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In the Matter of Vladimir v. Commissioner of Correctional

State of New York Supreme Court, Appellate Division Third Judicial Department


February 23, 2012

IN THE MATTER OF VLADIMIR JEANTY, APPELLANT,
v.
COMMISSIONER OF CORRECTIONAL SERVICES ET AL., RESPONDENTS.

The opinion of the court was delivered by: Stein, J.

MEMORANDUM AND ORDER

Calendar Date: January 11, 2012

Before: Peters, J.P., Lahtinen, Kavanagh, Stein and Garry, JJ.

Appeal from a judgment of the Supreme Court (Mulvey, J.), entered January 18, 2011 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to compel respondents to undertake certain actions regarding petitioner's health care.

Petitioner commenced this CPLR article 78 proceeding seeking to compel a proper diagnosis and treatment for a rash on his genitals that had persisted despite the treatment prescribed by medical staff at the correctional facilities where petitioner was housed. Petitioner alleged that, by being denied proper medical care, he was being subjected to cruel and unusual punishment. Supreme Court dismissed the petition, finding that respondents were not deliberately indifferent to petitioner's medical needs and that he had failed to exhaust his administrative remedies. Petitioner appeals and we affirm.

As petitioner concedes, the record reflects that he eventually received the proper diagnosis and treatment for his medical condition. Thus, his requests for injunctive relief are moot as he has received all the relief to which he is entitled; accordingly, his petition was properly dismissed (see Matter of Gannon v Benedict, 293 AD2d 788, 789 [2002]).

Petitioner's remaining claims are either unpreserved for our review or without merit.

Peters, J.P., Lahtinen, Kavanagh and Garry, JJ., concur.

ORDERED that the judgment is affirmed, without costs.

ENTER: Robert D. Mayberger Clerk of the Court

20120223

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