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Matter of Thurman v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 27, 1987
127 A.D.2d 993 (N.Y. App. Div. 1987)

Opinion

February 27, 1987

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Dillon, P.J., Callahan, Denman, Pine and Lawton, JJ.


Judgment unanimously modified on the law by deleting the second decretal paragraph and as modified affirmed. Memorandum: Special Term improperly directed that petitioner be returned to the Green Haven Correctional Facility and restored to his position as a representative of the Inmate Grievance Resolution Committee (IGRC). Section 23 Correct. of the Correction Law grants the Commissioner of Correction almost unbridled authority to transfer inmates from one facility to another within the system (see, Matter of Johnson v. Ward, 64 A.D.2d 186, 188). Since petitioner's term as a member of the IGRC has expired, the issue concerning the resumption of that position is moot.


Summaries of

Matter of Thurman v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 27, 1987
127 A.D.2d 993 (N.Y. App. Div. 1987)
Case details for

Matter of Thurman v. Kelly

Case Details

Full title:In the Matter of EMERSON THURMAN, Respondent, v. WALTER R. KELLY, as…

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

Date published: Feb 27, 1987

Citations

127 A.D.2d 993 (N.Y. App. Div. 1987)

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