MATTER OF NOGUERAS v. COOMBE


242 A.D.2d 806 (1997)

662 N.Y.S.2d 144

In the Matter of William Nogueras, Appellant, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 11, 1997


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

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