Lombard v. Breslin

In a proceeding pursuant to CFLR article 78 to review a determination of the Superintendent of the Arthur Kill Correctional Facility dated May 4, 2004, which denied the petitioner’s request for an eye examination at the New York Eye and Ear Infirmary, the appeal is from an order and judgment (one paper) of the Supreme Court, Richmond County (Giacobbe, J.), dated March 30, 2005, which granted the petition and denied the motion of the Superintendent of the Arthur Kill Correctional Facility to dismiss the petition.

Ordered that the order and judgment is reversed, on the law, without costs or…