MATTER OF RESTITUYO v. BERBARY


278 A.D.2d 859 (2000)

718 N.Y.S.2d 747

In the Matter of ARISTIDES S. RESTITUYO, Respondent, v. JAMES L. BERBARY, as Superintendent of Collins Correctional Facility, et al., Appellants.

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

Decided December 27, 2000.


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the CPLR article 78 petition seeking reinstatement of petitioner into the sexual offenders treatment group at Collins Correctional Facility. "`It is well settled that a court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and unreasonable and constitutes an...

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