Opinion
03-10-2016
In the Matter of James G. SINCLAIR, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
James G. Sinclair, Fallsburg, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.
James G. Sinclair, Fallsburg, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.
Opinion
Appeal from a judgment of the Supreme Court (Melkonian, J.), entered May 6, 2015 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to, among other things, review a determination of the Central Office Review Committee denying petitioner's grievance.
Petitioner, an inmate at Sullivan Correctional Facility, filed a grievance alleging that, while working in the facility's kitchen in April 2014, a correction officer gave him a direct order to climb on top of a cooking kettle in order to remove and clean the kitchen's ventilation system filters. According to petitioner, he fell from the kettle while attempting to perform this task and sustained injuries. The Central Office Review Committee (hereinafter CORC) ultimately denied the grievance, finding that the allegations were unsubstantiated and that there was no malfeasance by staff. Petitioner then commenced this CPLR article 78 proceeding challenging CORC's determination and underlying investigation of the matter. Finding that the denial of the grievance was not irrational, Supreme Court dismissed the petition, prompting this appeal.
We affirm. Judicial review of the denial of an inmate grievance is limited to whether such a determination was arbitrary or capricious, without a rational basis or affected by an error of law (see Matter of Nunez v. Central Off. Review Comm., 126 A.D.3d 1248, 1249, 6 N.Y.S.3d 688 [2015], lv. denied 25 N.Y.3d 911, 2015 WL 3618899 [2015]; Matter of Shoga v. Annucci, 122 A.D.3d 1180, 1180, 997 N.Y.S.2d 788 [2014]; Matter of Hutchinson v. Fischer, 112 A.D.3d 1245, 1245, 977 N.Y.S.2d 506 [2013], lv. denied 23 N.Y.3d 903, 2014 WL 1884899 [2014] ). Here, the record, including the confidential information submitted for our in camera review, confirms that a thorough and procedurally adequate investigation of petitioner's claims was conducted (see 7 NYCRR 701.4[d]; 701.6[e] ), and we find no basis in the record to suggest that CORC's determination that petitioner's allegations were unsubstantiated was irrational. Accordingly, under these circumstances, we discern no basis upon which to overturn the denial of petitioner's grievance (see Matter of Jones v. Fischer, 110 A.D.3d 1295, 1296, 974 N.Y.S.2d 162 [2013], appeal dismissed 23 N.Y.3d 955, 988 N.Y.S.2d 124, 11 N.E.3d 198 [2014]; Matter of Delgado v. Artus, 93 A.D.3d 1041, 1041–1042, 940 N.Y.S.2d 494 [2012] ). Finally, inasmuch as petitioner's order to show cause set a return date of March 13, 2015 and required service of the answer at least five days before the return date, the Monday, March 9, 2015 mailing of the answer was timely (see CPLR 2103[b][2]; [c]; General Construction Law § 25–a [1]; Dimovich v. Talev, 248 A.D.2d 951, 952, 670 N.Y.S.2d 290 [1998], lv. denied 92 N.Y.2d 802, 677 N.Y.S.2d 72, 699 N.E.2d 432 [1998]; Matter of Jones v. Coughlin, 125 A.D.2d 883, 883, 510 N.Y.S.2d 240 [1986] ). Petitioner's remaining contentions have been reviewed and found to be without merit.
ORDERED that the judgment is affirmed, without costs.