Restituyo v. Berbary
Cases that cite this one
5 later published cases cite this decision.
- Matter of Graham v. Annucci (Appellate Division of the Supreme Court of New York 2021)
- BROCKPORT STUDENT GOVERNMENT v. STATE UNIVERSITY OF NY AT BROCKPORT (Appellate Division of the Supreme Court of New York 2016)
- Brockport Student Government v. State University (Appellate Division of the Supreme Court of New York 2016)
- Brockport Student Government v. State University (Appellate Division of the Supreme Court of New York 2016)
- La Rocco v. Goord (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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; see, Matter of Arrocha v Board of Educ., 93 NY2d 361, 363-364; Matter of Wagschal v Board of Examiners, 69 NY2d 672, 674). The court failed to find that respondents’ determination was arbitrary and unreasonable or an abuse of discretion, nor would the record support such a finding. (Appeal from Judgment of Supreme Court, Erie County, Sedita, Jr., J. — CPLR art 78.) Present — Hayes, J. P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.