MATTER OF RIVERA v. COOMBE


252 A.D.2d 603 (1998)

673 N.Y.S.2d 951

In the Matter of Paul Rivera, Appellant, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

July 2, 1998


Petitioner, an inmate at a State correctional facility, requested that he be transferred to a correctional facility in Georgia. After his verbal and written requests were denied, petitioner commenced this CPLR article 78 proceeding. Respondents moved to dismiss the petition on various grounds. Supreme Court granted the motion and dismissed the petition for failure to state a cause of action. Petitioner appeals.

We affirm. The decision whether to transfer an inmate...

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