Opinion
Argued February 15, 1982
Decided March 23, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS J. HUGHES, J.
Linda Marber and Norman Eric Teitler for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Larry A. Sonnenshein and Francis F. Caputo of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 78 A.D.2d 824). We would only add that petitioner has failed to demonstrate that his refusal to accept corrective medical treatment, including surgery, found by the medical board to constitute proper treatment in this case, should be excused.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.