Majority
p. 1078In the Matter of Herbert Robertson, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, et al., Respondents.
Order unanimously reversed and proceeding remitted to Erie Special Term for a hearing. Memorandum: The allegations of the petition and the medical reports submitted therewith present questions requiring a hearing as to whether medical and surgical treatment is required to be provided by respondents to protect and preserve petitioner’s health. (iSee Correction Law, § 46, subd. 5; People v. Brabson, 21 A D 2d 748 .) (Appeal from order of Erie Special Term, denying without a hearing, application for an order directing respondents to furnish petitioner with certain medical treatment.) Present — Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.