| Matter of Geddes v Fischer |
| 2014 NY Slip Op 04650 [118 AD3d 1474] |
| June 20, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Scott Geddes, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent. |
Wyoming County-Attica Legal Aid Bureau, Warsaw (Adam W. Koch of counsel), for petitioner-appellant.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent-respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 4, 2013 in a CPLR article 78 proceeding. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the determination that denied his grievance concerning the limitations placed on his possession of personal property pursuant to directive 4913 of the Department of Corrections and Community Supervision. Supreme Court properly dismissed the petition, inasmuch as the determination "was not irrational, arbitrary and capricious or affected by an error of law" (Matter of Abreu v Fischer, 97 AD3d 877, 879 [2012], appeal dismissed and lv denied 19 NY3d 1096 [2012]). Present—Centra, J.P., Lindley, Sconiers, Valentino and DeJoseph, JJ.