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MATTER OF TATUM v. HORN

37 A.D.3d 285 (2007)

830 N.Y.S.2d 99

In the Matter of WAYNE TATUM, Petitioner, v. MARTIN HORN, as Commissioner of the New York City Department of Correction, et al., Respondents.

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

Decided February 15, 2007.

We note at the outset that petitioner has abandoned his claim that the Correction Commissioner's decision was not based upon substantial evidence, which was the basis of the transfer to this Court (CPLR 7804 [g]). Nevertheless, we resolve this matter in the interest of judicial economy (see Matter of Mafuz v Goord, 260 A.D.2d 806 n [1999]).

The Department of Correction presented...

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