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WOOLEY v. CORRECTIONAL SERVS.

No. 129

15 N.Y.3d 275 (2010)

934 N.E.2d 310

907 N.Y.S.2d 741

In the Matter of ROBERT WOOLEY, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

Court of Appeals of New York.

Decided July 1, 2010.

Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, Syracuse ( Alan J. Pierce of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Owen Demuth , Barbara D. Underwood , Peter H. Schiff and Nancy A. Spiegel of counsel), for respondent.

Legal Aid Society, New York City ( Steven Banks , John Boston and Milton Zelermyer of counsel), and Prisoners' Legal Services, Albany ( Karen Murtagh-Monks of counsel), for Legal Aid Society of the City of New York, and another, amici curiae.

Judges GRAFFEO, READ and PIGOTT concur with Judge CIPARICK; Judge SMITH dissents in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

CIPARICK, J.

In this case, we must determine whether the denial of certain medical treatment to an inmate by the New York State Department of Correctional Services (DOCS) was arbitrary and capricious, or violative of the Eighth Amendment's proscription against cruel and unusual punishment. We conclude that it was neither.

I.

Petitioner Robert Wooley has been incarcerated in...

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