Gannon v. Benedict

Appeal from a judgment of the Supreme Court (Best, J.), entered January 25, 2001 in Fulton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, inter alia, review various determinations of respondent finding him guilty of violating certain inmate disciplinary rules.

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…