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MATTER OF COMACHO v. WARD

69 A.D.2d 882 (1979)

In the Matter of Victor Comacho, Appellant, v. Benjamin Ward, as Commissioner of The New York State Department of Correction, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 23, 1979

Judgment affirmed, without costs or disbursements.

Petitioner offered no factual support to establish that his transfer from the Ossining Correctional Facility was "unconstitutional", and he concedes that "Even * * * the due process clause itself does not require a hearing with respect to prison transfers unless such transfer is otherwise violative of the Constitution" (see Montanye v Haymes, 427 U.S. 236

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