MATTER OF JOHNSON v. GOORD


289 A.D.2d 625 (2001)

733 N.Y.S.2d 651

In the Matter of JOHNATHAN JOHNSON, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided December 6, 2001.


Petitioner commenced this proceeding challenging his placement in a double-bunk cell in view of alleged threats made against him by other inmates. Inasmuch as petitioner had been transferred to a single-bunk facility, Supreme Court granted respondents' motion to dismiss the petition as moot. This appeal ensued. We reject petitioner's contention that the circumstances of this case bring it within the exception to the mootness doctrine (see, Matter of Allah v Goord,...

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