As this court has stated, "a petition that fails to state a claim would be subject to dismissal under [Practice Book Β§ 23-24 (a) (1) ] for lack of jurisdiction." Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). Nonetheless, in light of our conclusion that the third petition is ambiguous in terms of the allegation of innocence, we conclude that the proper remedy is for the writ to issue and for any pleading deficiencies to be addressed following the issuance of the writ.
(Internal quotation marks omitted.) Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). "Dismissal of a claim on alternative grounds is proper when those grounds present pure questions of law, the record is adequate for review, and the petitioner will suffer no prejudice because he has the opportunity to respond to proposed alternative grounds in the reply brief."
It is axiomatic that we may affirm the proper result of the trial court on a different basis. See, e.g., State v. Marro , 68 Conn. App. 849, 859, 795 A.2d 555 (2002) ; see also Diaz v. Commissioner of Correction , 125 Conn. App. 57, 63 n.6, 6 A.3d 213 (2010), cert. denied, 299 Conn. 926, 11 A.3d 150 (2011) ; Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009).Furthermore, as a result of our conclusion regarding the appropriate remedy for a Miranda violation as it relates to physical evidence, we reject the defendant's reliance on our Supreme Court's decision in State v. Purcell , supra, 331 Conn. 318, 203 A.3d 542.
(Internal quotation marks omitted.) Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009).The following undisputed facts and procedural history are relevant to our resolution of this appeal. The petitioner currently is serving a sentence of twenty years of incarceration after pleading guilty on October 6, 2009, to the charges of robbery in the first degree in violation of General Statutes Β§ 53a-134 (a) (4) and to being a persistent dangerous felony offender in violation of General Statutes Β§ 53a-40.
(Internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn.App. 138, 140 n. 1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). The petitioner makes the novel, but unpersuasive, argument that we cannot address alternative grounds for affirmance because the respondent failed to raise those grounds βat trial in violation of Practice Book Β§ 60β5,β which states, in relevant part, that β[t]he court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial.β
βIn order to state a claim for a denial of procedural due process ... a prisoner must allege that he possessed a protected liberty interest, and was not afforded the requisite process before being deprived of that liberty interest.... A petitioner has no right to due process [at his disciplinary hearing] unless a liberty interest has been deprived.... To constitute a deprivation of liberty, a restraint must have imposed an atypical and significant hardship ... in relation to the ordinary incidents of prison life .... Additionally, the petitioner must establish that the state has granted its inmates, by regulation or by statute, a protected liberty interest in remaining free from that confinement or restraint.β (Citations omitted; internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn.App. 138, 141β42, 958 A.2d 790, 793 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). βThe petitioner's classification as a security risk group member does not implicate a liberty interest.
Id., at 42β43, 19 A.3d 204. In the present case, the habeas court in its oral ruling, citing Fuller v. Commissioner of Correction, 144 Conn.App. 375, 71 A.3d 689, cert. denied, 310 Conn. 946, 80 A.3d 907 (2013), and Coleman v. Commissioner of Correction, 111 Conn.App. 138, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009), concluded that the petitioner had failed to allege the deprivation of a protected liberty interest. The habeas court determined that it lacked jurisdiction over the petitioner's claim of βmisclassificationβ because prison classification, parole eligibility and eligibility for rehabilitative programs were not cognizable liberty interests sufficient to invoke habeas corpus jurisdiction under our case law.The dispositive substantive issue in this appeal is whether the petitioner has alleged a cognizable liberty interest that affords jurisdiction to the habeas court over his claim.
Cruz v. Gomez, 202 F.3d 593, 597 (2d Cir.2000). βA [prisoner] has no right to due process [at his disciplinary hearing] unless a liberty interest has been deprived....β (Citation omitted; internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn.App. 138, 141, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). βTo constitute a deprivation of liberty, a restraint must have imposed an atypical and significant hardship ... in relation to the ordinary incidents of prison life.... Additionally, the [prisoner] must establish that the state has granted its inmates, by regulation or by statute, a protected liberty interest in remaining free from that confinement or restraint.β (Citation omitted; internal quotation marks omitted.)
(Citation omitted; internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn. App. 138,141-42, 958 A.2d 790 (2008), cert, denied, 290 Conn. 905, 962 A.2d 793 (2009). In the present case, at the time the plaintiff was classified to special needs management status, he already was on another form of restrictive housing status, administrative segregation.
(Internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn. App. 138, 140 n. 1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). A