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Matter of Doe v. Croce

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 669 (N.Y. App. Div. 2001)

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).


Summaries of

Matter of Doe v. Croce

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 669 (N.Y. App. Div. 2001)
Case details for

Matter of Doe v. Croce

Case Details

Full title:IN THE MATTER OF JOHN DOE, APPELLANT, v. ALAN J. CROCE, ETC., ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 26, 2001

Citations

280 A.D.2d 669 (N.Y. App. Div. 2001)
720 N.Y.S.2d 837