In the Matter of Robert Wooley, Appellant v. New York State Department of Correctional Services, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division's order denying petitioner Robert Wooley's request for maintenance pegylated interferon therapy, holding that the denial was neither arbitrary and capricious under CPLR article 78 nor a violation of the Eighth Amendment's prohibition on cruel and unusual punishment. The Court reasoned that the requested treatment was experimental, unapproved by the FDA, and lacked a rational basis for approval. The dissent argued the denial was arbitrary and capricious and would have held otherwise.