From Casetext: Smarter Legal Research

Vidal v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Feb 14, 2008
48 A.D.3d 860 (N.Y. App. Div. 2008)

Opinion

No. 501512.

February 14, 2008.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered September 27, 2006 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Central Office Review Committee denying petitioner's grievance.

Joseph Vidal, Comstock, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.

Before: Mercure, J.P., Carpinello, Rose, Kane and Malone Jr., JJ.


Petitioner, an inmate, commenced this CPLR article 78 proceeding to challenge the denial of his grievance requesting that he be allowed to send to his family 668 postage stamps that were permanently confiscated from him. Supreme Court dismissed the petition, and petitioner now appeals.

We affirm. Although the Department of Correctional Services Directive No. 4910 § VI (D) sets forth options for the disposal of contraband, including allowing inmates to mail certain items home when appropriate, the options also include storage or destruction. The determination that petitioner is not allowed to choose among those options is not an arbitrary and capricious interpretation of that directive ( see Matter of Fullwood v Lamy, 28 AD3d 1016, 1016; Matter of Abdul-Matiyn v Commissioner of State of N.Y. Dept. of Correctional Servs., 252 AD2d 754, 755), especially considering that the stamps at issue, which exceeded $20 in value in violation of a prison disciplinary rule, were confiscated from petitioner as part of a penalty imposed in a tier III disciplinary hearing in which he was found to have obtained them by means of an unauthorized exchange. Petitioner's remaining contentions, including his claim of selective enforcement, have been reviewed and are without merit.

Ordered that the judgment is affirmed, without costs.


Summaries of

Vidal v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Feb 14, 2008
48 A.D.3d 860 (N.Y. App. Div. 2008)
Case details for

Vidal v. Goord

Case Details

Full title:In the Matter of JOSEPH VIDAL, Appellant, v. GLENN S. GOORD, as…

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

Date published: Feb 14, 2008

Citations

48 A.D.3d 860 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1263
850 N.Y.S.2d 719

Citing Cases

Frejomil v. Fischer

The facts as presented to the sergeant who confiscated the container established that the decision to do so…

Carney v. Carney

Gao v. Ming Fan, 2017 N.Y.App. Div. LEXIS 1782 (2nd Dept.2017). The court may also consider imputing income…