Matter of Barletta v. Martuscello

Summary

The Appellate Division, Third Department, affirmed the dismissal of an incarcerated individual's CPLR article 78 petition challenging Department of Corrections and Community Supervision Directive No. 4911, which restricts food packages from family and friends. The court held that the Central Office Review Committee's denial of the grievance was rational and not arbitrary and capricious because the restrictions were supported by institutional safety and security concerns.

Holdings

1. The Committee's denial was rational and not arbitrary and capricious because it expressly articulated facility safety and security justifications for the challenged provisions of Directive No. 4911.
2. The remaining procedural contentions, to the extent properly before the court, lacked merit.

Questions Presented

1. Whether the Central Office Review Committee's denial of Barletta's grievance challenging Directive No. 4911 was arbitrary and capricious, irrational, or affected by an error of law.
2. Whether the challenged package restrictions were reasonably supported by institutional safety and security concerns.
3. Whether Barletta's remaining procedural contentions warranted reversal.

Disposition

affirmed