OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (78 AD2d 824). We *515 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.