Johnson v. McGinnis

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered May 3, 2001 in Chemung County, which, in a proceeding pursuant to CPLR article 78, inter alia, dismissed the petition for failure to state a cause of action.

Petitioner commenced this CPLR article 78 proceeding in the nature of mandamus, alleging that respondents had failed to provide him with dental care which he considers necessary. The record discloses that petitioner filed a grievance proceeding in October 2000 seeking dental treatment for his front teeth and that, following a hearing, his request was granted by respondent…