MATTER OF SMITH v. ALVES


282 A.D.2d 844 (2001)

725 N.Y.S.2d 404

In the Matter of KEITH SMITH, Appellant, v. JOHN ALVES, as Health Services Director at Southport Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 12, 2001.


Petitioner, an inmate at Southport Correctional Facility in Chemung County, commenced this CPLR article 78 proceeding to challenge an administrative determination denying his request for surgical removal of a facial keloid (a thick, wide scar). Supreme Court dismissed the petition and this appeal ensued.

Petitioner maintains that the denial of the surgical treatment was arbitrary and capricious and in violation of his constitutional...

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