PEOPLE EX REL. MULRY v. FRANCHI

2020-03497. Ind. No. 1035/19.

183 A.D.3d 790 (2020)

121 N.Y.S.3d 902

2020 NY Slip Op 02909

The People of the State of New York ex rel. Laurette Mulry, on Behalf of Anthony Miller, Appellant, v. Michael Franchi, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 19, 2020.


Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner claims that Anthony Miller is being detained with a deliberate indifference to his serious medical needs (see Estelle v Gamble, 429 U.S. 97, 104 [1976]). However, we agree with the Supreme Court's determination, made after an evidentiary hearing (see CPLR 7009[c]; People ex rel. Grossfeld v Brann, 182 A.D.3d 556 [2d Dept 2020]...

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