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Matter of Nogueras v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 806 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Supreme Court, Albany County (Connor, J.).


Petitioner, a prison inmate, contends that the denial of his request for shaving clippers, instead of a razor, on the ground that there must be a medical condition for the issuance thereof, was arbitrary and capricious. The regulation cited by petitioner requires only that each inmate have access to "[s]having equipment" a minimum of two times per week ( 7 NYCRR 304.5). Bearing in mind the deference accorded a prison official's judgment in such matters ( see generally, Correction Law § 18; Matter of Flowers v. Sullivan, 149 A.D.2d 287, 293-294, appeal dismissed in part 75 N.Y.2d 850, appeal dismissed 75 N.Y.2d 1004), respondent's policy of complying with this regulation by issuing razors, rather than clippers, unless there has been a showing of medical necessity for the latter — which neither contravenes the plain language of the regulation nor deprives petitioner of any rights accorded thereby — is not irrational. "[I]t is not the role of the courts to indulge in speculation as to the proper allocation of prison resources or to invade the province of correctional authorities" ( Matter of Flowers v. Sullivan, supra, at 296).

Hence, inasmuch as the report supports respondent's finding that petitioner has no medical condition warranting the issuance of clippers, Supreme Court correctly concluded that the challenged determination was not arbitrary or capricious. Petitioner's remaining contentions have been reviewed and found to be lacking in merit.

Cardona, P.J., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Nogueras v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 806 (N.Y. App. Div. 1997)
Case details for

Matter of Nogueras v. Coombe

Case Details

Full title:In the Matter of WILLIAM NOGUERAS, Appellant, v. PHILIP COOMBE, JR., as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 11, 1997

Citations

242 A.D.2d 806 (N.Y. App. Div. 1997)
662 N.Y.S.2d 144

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