James v. Fischer
Opinion of the Court
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. 4911. Following an investigation, the Inmate Grievance Resolution Committee issued a split recommendation with the inmate representatives in favor of granting the grievance and the staff representatives opposed. The Superintendent of the facility ultimately denied the grievance. Petitioner appealed and the Central Office Review Committee (hereinafter CORC) upheld the denial. Petitioner then commenced this CPLR article 78 proceeding challenging CORC’s determination. Following joinder of issue, Supreme Court dismissed the petition, resulting in this appeal.
This Court has recognized that “correction officials are to be accorded wide latitude in taking measures to ensure the safety and security of correctional facilities, which extends to determining the property permitted in such facilities” (Matter of Abreu v Fischer, 97 AD3d 877, 878-879 [2012], appeal dismissed 19 NY3d 1096 [2012]; see Matter of Frejomil v Fischer, 59 AD3d 790, 791 [2009]). Decisions in this regard, however, must be
Mercure, J.P., Lahtinen, Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is reversed, on the law, without costs, petition granted, determination annulled and matter remitted to respondent for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.