From Casetext: Smarter Legal Research

Matter of Partee v. Bennett

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 950 (N.Y. App. Div. 1998)

Summary

In Partee v Bennett, 253 AD 2d 950(3d Dept., 1998), the Commissioner's decision to deny an inmate's transfer request to the State of Tennessee was upheld.

Summary of this case from People v. Annucci

Opinion

September 17, 1998

Appeal from the Supreme Court (Ellison, J.).


Petitioner, an inmate incarcerated at Elmira Correctional Facility in Chemung County, challenges the denial of his request that respondents transfer him to a Tennessee correctional facility and furnish him with a copy of his sentencing transcript pursuant to the Freedom of Information Law. Supreme Court dismissed the petition on various grounds and denied petitioner's subsequent motion for reconsideration, prompting these appeals. We affirm. An inmate is not entitled to select the facility to which he will be confined ( see, Matter of Gregg v. Scully, 108 A.D.2d 748, 749, lv denied 65 N.Y.2d 601) and, under the circumstances presented here, we decline to interfere with the broad discretion of the Commissioner of Correctional Services to determine whether the requested transfer was warranted ( see, Matter of Inman v. Coughlin, 131 A.D.2d 900, 901). As to the denial of petitioner's Freedom of Information Law request, respondents appropriately informed petitioner that his sentencing transcript did not exist in their files and advised him to direct his request to the court that imposed his sentence. Petitioner's remaining contentions, to the extent that they are properly before this Court, have been examined and found to be lacking in merit.

Mikoll, J.P., Mercure, Crew III, White and Carpinello, JJ., concur.

Ordered that the judgment and order are affirmed, without costs.


Summaries of

Matter of Partee v. Bennett

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 950 (N.Y. App. Div. 1998)

In Partee v Bennett, 253 AD 2d 950(3d Dept., 1998), the Commissioner's decision to deny an inmate's transfer request to the State of Tennessee was upheld.

Summary of this case from People v. Annucci
Case details for

Matter of Partee v. Bennett

Case Details

Full title:In the Matter of CEDRIC PARTEE, Appellant, v. FLOYD G. BENNETT, JR., as…

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

Date published: Sep 17, 1998

Citations

253 A.D.2d 950 (N.Y. App. Div. 1998)
678 N.Y.S.2d 917

Citing Cases

Salahuddin v. Goord

Since petitioner's institutional records reflect that he did not successfully complete recommended…

People v. Annucci

Accord, Salahuddin v Coughlin, 222 AD 2d 950 (3 Dept, 1995).In Partee v Bennett, 253 AD 2d 950(3d Dept.,…