IN RE: Vladimir JEANTY

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: Vladimir JEANTY, Appellant, v. COMMISSIONER OF CORRECTIONAL SERVICES et al., Respondents.

Decided: February 23, 2012

Before: PETERS, J.P., LAHTINEN, KAVANAGH, STEIN and GARRY, JJ. Vladimir Jeanty, Attica, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth of counsel), for respondents.

Appeal from a judgment of the Supreme Court (Mulvey, J.), entered January 18, 2011 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to compel respondents to undertake certain actions regarding petitioner's health care.

Petitioner commenced this CPLR article 78 proceeding seeking to compel a proper diagnosis and treatment for a rash on his genitals that had persisted despite the treatment prescribed by medical staff at the correctional facilities where petitioner was housed. Petitioner alleged that, by being denied proper medical care, he was being subjected to cruel and unusual punishment. Supreme Court dismissed the petition, finding that respondents were not deliberately indifferent to petitioner's medical needs and that he had failed to exhaust his administrative remedies. Petitioner appeals and we affirm.

As petitioner concedes, the record reflects that he eventually received the proper diagnosis and treatment for his medical condition. Thus, his requests for injunctive relief are moot as he has received all the relief to which he is entitled; accordingly, his petition was properly dismissed (see Matter of Gannon v. Benedict, 293 A.D.2d 788, 789 [2002] ).

Petitioner's remaining claims are either unpreserved for our review or without merit.

ORDERED that the judgment is affirmed, without costs.

STEIN, J.

PETERS, J.P., LAHTINEN, KAVANAGH and GARRY, JJ., concur.

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