James v. Fischer

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered November 9, 2011 in Albany 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 petitioner’s grievance.

While incarcerated at Great Meadow Correctional Facility in Washington County, petitioner was denied a package containing flavored cigars that was delivered to the package room. As a result, he filed a grievance claiming that the denial violated Department of Corrections and Community Supervision Directive No.…