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MATTER OF FREJOMIL v. FISCHER

505882

68 A.D.3d 1371 (2009)

2009 NY Slip Op 9330

891 N.Y.S.2d 208

In the Matter of RICHARD FREJOMIL, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 17, 2009.

Garry, J.

Petitioner, an inmate at Great Meadow Correction Facility in Washington County, filed a grievance pursuant to the Inmate Grievance Program (see 7 NYCRR part 701) seeking clarification of a certain provision of Department of Correctional Services Directive No. 4911. Specifically, petitioner's grievance challenged the application of Directive No. 4911, Attachment D (A) which, as relevant herein, states that "[i]tems, except for fresh fruits and vegetables...

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