Summary
In Barnes v. Harling, 96 A.D.3d 1415, 945 N.Y.S.2d 901 (4th Dep't 2012), lv. denied, 19 N.Y.3d 1011, 951 N.Y.S.2d 706, 976 N.E.2d 233 (2012), Plaintiff brought an Article 78 proceeding seeking review of his placement in SHU as a result of reports from March 11, 2009, March 25, 2009, April 16, 2009, and disciplinary hearings held on March 28, 2009, April 3, 2009, April 27, 2009, and May 21, 2009.
Summary of this case from Barnes v. HarlingOpinion
2012-06-8
In the Matter of Jessie J. BARNES, Petitioner, v. Ronald HARLING, Superintendent, Monroe County Jail, Respondent.
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Thomas A. Stander, J.], entered December 9, 2009) to review determinations of respondent. The determinations found that petitioner had violated various jail rules.
Jessie J. Barnes, petitioner pro se.
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding challenging the determinations that he violated certain rules and regulations while he was an inmate at the Monroe County Jail, and Supreme Court transferred the proceeding to this Court pursuant to CPLR 7804(g) inasmuch as the petition raised an issue of substantial evidence. We conclude that petitioner is not entitled to any of the relief he seeks. Petitioner failed to establish that respondent ever violated a court order or willfully failed to comply with his disclosure request, and thus he is not entitled to a default judgment or any other relief based on any alleged violation or willful failure to comply with his disclosure request ( see CPLR 3126; Matter of Seneca Foods Corp. v. Jorling, 168 A.D.2d 967, 968, 565 N.Y.S.2d 347,lv. denied77 N.Y.2d 808, 570 N.Y.S.2d 488, 573 N.E.2d 576). Petitioner's sentencing during the pendency of this proceeding and his subsequent incarceration render moot the applicability of the conditions and policies of the Monroe County Jail to petitioner, where he previously was housed ( see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876).
It is hereby ORDERED that the determinations are unanimously confirmed without costs and the petition is dismissed.