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IN RE: SCOTT GEDDES, PETITIONER–APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.
MEMORANDUM AND ORDER
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, appeal dismissed and lv. denied 19 NY3d 1096).
Frances E. Cafarell
Clerk of the Court
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Docket No: CA 13–00568
Decided: June 20, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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