De Flumer v. Dalsheim

— In a proceeding pursuant to CPLR article 78 to compel the appellants to issue the petitioner metal frame glasses instead of plastic frame glasses, the appeal is from a judgment of the Supreme Court, Dutchess County (Nicolai, J.), entered June 12, 1984, which, inter alia, granted the petition.

Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits.

The gravamen of the petition herein is that the appellants *873failed to provide the petitioner with "necessary medical attention and treatment” by refusing to supply him with metal frame glasses instead of…