| Matter of Davis v Fischer |
| 2010 NY Slip Op 06734 [76 AD3d 1152] |
| September 30, 2010 |
| Appellate Division, Third Department |
| In the Matter of Donnell E. Davis, Appellant, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered September 18, 2009 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of the Central Office Review Committee denyingpetitioner's grievance.
Petitioner, an inmate at Great Meadow Correction Facility in Washington County,commenced this proceeding challenging a decision by the Central Office Review Committee(hereinafter CORC) that denied his request to purchase and possess compact discs and a compactdisc player, pursuant to Department of Correctional Services Directive No. 4911. Supreme Courtdismissed petitioner's application to annul CORC's determination, and petitioner now appeals.
We affirm. "[C]orrection facility officials must be accorded wide latitude in their efforts toensure the safety and security of correctional facilities under their supervision and, in that regard,have . . . the obligation, to control what property is permitted to be introduced intothese facilities" (Matter of Frejomil vFischer, 59 AD3d 790, 791 [2009]; see Matter of Marcelin v Coughlin, 193AD2d 981, 982 [1993]). Here, where it is undisputed that compact discs and compact discplayers are not among those items permitted to be possessed by inmates pursuant to DirectiveNo. 4911, we find that CORC's determination denying petitioner's grievance was based upon arational interpretation of the directive and, therefore, has not been proven to be arbitrary andcapricious (see Matter of Frejomil vFischer, 68 AD3d 1371, 1372 [2009]; Matter of Rivera [*2]v Fischer, 67 AD3d1140, 1141 [2009]).
Petitioner's remaining contentions have been considered and found to be without merit.
Cardona, P.J., Peters, Rose, Malone Jr. and Garry, JJ., concur. Ordered that the judgment isaffirmed, without costs.