Legal Opinion
Pride v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 3 opinions
1Opinion of the Court
*1004We affirm. Our review of a determination denying a prison grievance is limited to whether it was irrational or arbitrary and capricious (see Matter of Abreu v Fischer, 87 AD3d 1213 [2011]; Matter of Hernandez v Fischer, 79 AD3d 1544, 1546 [2010], lv denied 16 NY3d 710 [2011]).* Here, the record demonstrates that petitioner’s complaints were investigated thoroughly by the deputy superintendent of programs, and all of the statements made in the August 2009 memorandum were amply supported by documentation. Similarly, based upon petitioner’s records that reflect that he has failed to successfully…
2Cases cited5 opinions
- Abreu v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Hernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Lugo v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
- Rivera v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Salahuddin v. GoordAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
- Brooks v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Johnson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Brooks v. FischerAppellate Division of the Supreme Court of the State of New York · 2012