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MATTER OF PATEL v. FISCHER

506971.

67 A.D.3d 1193 (2009)

889 N.Y.S.2d 113

2009 NY Slip Op 08131

In the Matter of VINOD PATEL, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 12, 2009.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination of the Central Office Review Committee which denied his grievance requesting that he be provided with a strict vegetarian diet, in accordance with his religious beliefs and medical condition. Supreme Court dismissed the petition, prompting this appeal.

We affirm. To prevail, petitioner must demonstrate that the Central Office Review Committee's determination was arbitrary...

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