Appeal from a judgment of the Supreme Court (Rumsey, J.), entered August 24, 2005 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Central Office Review Committee denying his grievance.
Petitioner, a prison inmate, sustained an injury to his left shoulder while incarcerated. Subsequently, petitioner was scheduled for a surgical procedure known as a “Mumford excision” which was intended to relieve petitioner’s persistent pain. Petitioner refused to undergo the procedure and was permitted to confer with an orthopedist who offered an alternative, but less successful and more invasive, surgical solution intended to repair the injury. Petitioner’s requests and administrative appeals to undergo the repair surgery were denied on the basis that it constituted a second opinion and was unnecessary. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78, seeking to compel respondents to provide him with the requested medical treatment. Supreme Court dismissed petitioner’s application, prompting this appeal.
Initially, we note that because the determination is based upon respondent Facility Health Services Director’s professional judgment as a physician, mandamus will not lie to compel him
Cardona, P.J., Peters, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.