Opinion
June 8, 2001.
(Appeal from Judgment of Supreme Court, Erie County, Burns, J. — CPLR art 78.)
PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Petitioner, an inmate at Wende Correctional Facility, commenced this CPLR article 78 proceeding to challenge administrative determinations denying his grievance concerning the medical care and treatment provided by a prison podiatrist who examined petitioner for foot problems. Petitioner also sought an examination by a different podiatrist and asked to be provided with orthopedic-style high-top sneakers and foot inserts. Supreme Court properly dismissed the petition. In order for a prisoner to prevail on a claim that he has been denied adequate medical care, he must demonstrate that prison officials acted in a manner "sufficiently harmful to evidence deliberate indifference to serious medical needs" ( Estelle v. Gamble, 429 U.S. 97, 106, reh denied 429 U.S. 1066; see, Matter of Singh v. Eagen, 236 A.D.2d 654, 654-655; Matter of De Flumer v. Dalsheim, 122 A.D.2d 872, 873, lv denied 68 N.Y.2d 612; Matter of Ronson v. Commissioner of Correction, 112 A.D.2d 488, 489; Matter of Stephens v. Ward, 63 A.D.2d 798, 799). Mere negligence in diagnosis and treatment by a prison physician will not entitle an inmate to relief ( see, Estelle v. Gamble, supra, at 105-106; Matter of Ronson v. Commissioner of Correction, supra, at 489). Upon our review of the record, we agree with the court that petitioner failed to demonstrate that respondents were deliberately indifferent to his "serious medical needs" ( Estelle v. Gamble, supra, at 106). We also conclude that petitioner failed to demonstrate that the determinations denying his grievance were affected by an error of law or arbitrary and capricious ( see, Matter of Amaker v. Goord, 280 A.D.2d 792; Matter of Singh v. Eagen, supra, at 655).