Restituyo v. Berbary

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the CPLR article 78 petition seeking reinstatement of petitioner into the sexual offenders treatment group at Collins Correctional Facility. “ Tt is well settled that a court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and unreasonable and constitutes an abuse of discretion’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 232, quoting Matter of Diocese of Rochester v Planning Bd., 1 NY2d 508, 520;…