MATTER OF MARTIN v. COUGHLIN


207 A.D.2d 932 (1994)

616 N.Y.S.2d 416

In the Matter of Kevin Martin, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

September 15, 1994


We agree with Supreme Court that petitioner had no right to select the facility where he is incarcerated and that the decision to transfer inmates is within respondent's broad discretionary powers. The record demonstrates a rational basis for the subject transfer due to the fact that petitioner's incarceration status had been reclassified from maximum to medium security. As for petitioner's claim of retaliatory transfer, Supreme Court aptly noted that his assertions are conclusory...

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