AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

IN THE MATTER OF JOSE HERNANDEZ, PETITIONER, v. GLENN S. GOORD, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., RESPONDENTS.

MEMORANDUM AND JUDGMENT

After commencing this CPLR article 78 proceeding, the determination finding petitioner guilty of violating various prison disciplinary rules was administratively reversed and all references thereto were expunged from petitioner's institutional record. Respondents, accordingly, request that the matter be dismissed as moot. Petitioner opposes respondents' request in part because he seeks to be returned to the correctional facility where he was housed prior to this incident. It is within the authority of respondent Commissioner of Correctional Services "to transfer inmates from one correctional facility to another and inmates have no constitutional or statutory right to their prior housing status" (Matter of Howard v. Miller, 193 A.D.2d 988, 989). Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Akam v. Dufrain, 274 A.D.2d 707).

ADJUDGED that the petition is dismissed, as moot, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF HERNANDEZ v. GOORD
(Jan 25, 2001)