Opinion
Submitted January 26, 2001
February 26, 2001.
In a proceeding pursuant to CPLR article 78 to review, inter alia, a determination of the Commissioner of the Department of Correctional Services dated December 3, 19 98, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Smith, J.), entered January 13, 2000, as dismissed the proceeding.
"John Doe", Ossining, N.Y., appellant pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Robert A. Forte and Thomas B. Litsky of counsel), for respondents.
Before: KRAUSMAN, J.P., S. MILLER, McGINITY and FEUERSTEIN, JJ., concur.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursements.
The petitioner is a prison inmate who has Acquired Immune Deficiency Syndrome. The petitioner sought, among other things, an order precluding him from being considered for placement in a double cell due to his medical condition. The Supreme Court properly found that the issues raised by the petitioner were not ripe for judicial review (see, 7 NYCRR 1701.5[b][2][iii]; Matter of Rushin v. Commissioner of N Y State Dept. of Correctional Servs., 235 A.D.2d 891; Matter of Jamaica Water Supply Co. v. Public Serv. Commn., 152 A.D.2d 17).