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Matter of Howard v. Miller

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1993
193 A.D.2d 988 (N.Y. App. Div. 1993)

Opinion

May 20, 1993

Appeal from the Supreme Court, Albany County.


After the commencement of this CPLR article 78 proceeding, the determination finding petitioner guilty of fighting was reversed on administrative appeal and all references to the hearing were expunged from petitioner's institutional records. Consequently, by letter dated January 6, 1992, respondents requested that the petition be dismissed as moot. Petitioner opposed respondents' motion to dismiss contending that part of the relief he requested was to be returned to the medium security status that he enjoyed at Wallkill Correctional Facility in Ulster County prior to this incident. We have previously noted that respondent Commissioner of Correctional Services has the authority to transfer inmates from one correctional facility to another and inmates have no constitutional or statutory right to their prior housing status (see, Matter of Fridella v Coughlin, 177 A.D.2d 872, 873-874; Matter of Cole v Smith, 84 A.D.2d 942, 943; Matter of Allegretti v Coughlin, 81 A.D.2d 958, appeal dismissed 54 N.Y.2d 829, lv denied 55 N.Y.2d 601, 645). Because petitioner has received all of the relief to which he is entitled, the matter is moot and respondents' motion to dismiss should be granted (see, Matter of Martin v Henderson, 159 A.D.2d 867; Matter of Wong v Coughlin, 150 A.D.2d 832).

Yesawich Jr., J.P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

Matter of Howard v. Miller

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1993
193 A.D.2d 988 (N.Y. App. Div. 1993)
Case details for

Matter of Howard v. Miller

Case Details

Full title:In the Matter of HENRY E. HOWARD, Petitioner, v. DAVID L. MILLER, as…

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

Date published: May 20, 1993

Citations

193 A.D.2d 988 (N.Y. App. Div. 1993)
598 N.Y.S.2d 369

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