Legal Opinion

Abreu v. Hogan

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 2012PublishedCited by 5 opinions

1Opinion of the CourtMcCarthy, J.

We affirm. The facility at which petitioner was incarcerated in April 2008 did not offer the sex offender counseling and treatment program, and petitioner was informed that, upon completion of his term in the special housing unit, he would be transferred to a facility that offered the program if his participation was deemed appropriate. In addition, the record demonstrates that petitioner’s mental health needs are, indeed, being addressed. As such, we cannot say that the Central Office Review Committee’s denial of petitioner’s grievance was arbitrary and capricious or without a rational basis…

2Cases cited2 opinions

  1. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Simmons v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by5 opinions

  1. Brooks v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Hawes v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Brooks v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Hawes v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. MatterofHawesvFischerAppellate Division of the Supreme Court of the State of New York · 2014

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