Johnson v. Fischer
Opinion of the Court
Petitioner, a prison inmate, filed two grievances alleging that he was being served incorrect portions of food and that some of the food was stale. After petitioner’s grievances were denied at the facility level, those denials were upheld by the Central Office Review Committee. Petitioner then commenced this CPLR article 78 proceeding to challenge those determinations. Thereafter, petitioner moved in Supreme Court to amend the proceeding to add an action for damages pursuant to 42 USC § 1983. The court denied the motion and dismissed the petition. Petitioner now appeals.
We affirm. Initially, we note that petitioner has abandoned his challenge to the Central Office Review Committee’s denial of his grievances inasmuch as his brief is bereft of any argument regarding the rationality of those determinations (see Matter of Quinones v Fischer, 82 AD3d 1445, 1446 n [2011]; Matter of Raqiyb v Fischer, 82 AD3d 1432, 1433 n [2011]).
Turning to petitioner’s challenge to Supreme Court’s denial of his motion, leave to amend should be granted where the proponent has made an evidentiary showing sufficient to support the proposed claim and no prejudice would accrue (see Nelson v State of New York, 67 AD3d 1142, 1143 [2009]; D’Orazio v Mainetti, 39 AD3d 981, 982 [2007]). Whether to
Mercure, J.E, Spain, Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.