MATTER OF GANNON v. BENEDICT


293 A.D.2d 788 (2002)

739 N.Y.S.2d 654

In the Matter of JOSEPH D. GANNON, Appellant, v. RANDY BENEDICT, as Fulton County Jail Administrator, Respondent.

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

Decided April 4, 2002.


Petitioner was incarcerated in the Fulton County Jail in November 2000 when he initiated this CPLR article 78 proceeding seeking, inter alia, immediate treatment by a dentist. The record discloses that a dentist had already been retained to treat inmates at the jail beginning in January 2001 and that petitioner was scheduled for an appointment. Hence, this relief sought by petitioner has been granted and the part of his petition in which he sought dental care was properly...

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