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FLUDD v. GOLDBERG

51 A.D.3d 153 (2008)

854 N.Y.S.2d 362

In the Matter of JOVAN FLUDD, Petitioner, v. ARLENE GOLDBERG et al., Respondents.

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

March 18, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Jennifer Eisenberg and Rosemary Herbert of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Monica A. Connell of counsel), for Hon. Arlene Goldberg and others, respondents.

Robert M. Morgenthau, District Attorney, New York City (Daniel G. Cort of counsel), for Robert M. Morgenthau, respondent.

NARDELLI and SWEENY, JJ., concur with CATTERSON, J.; SAXE, J.P., and GONZALEZ, J., dissent in a separate opinion by SAXE, J.P.

OPINION OF THE COURT

CATTERSON, J.

The question raised by this CPLR article 78 proceeding is whether a trial court has "inherent power" to issue orders authorizing the Department of Correctional Services (hereinafter referred to as DOCS) to place an inmate in solitary confinement once the criminal proceeding has terminated by entry of judgment.

The criminal prosecution underlying this proceeding was commenced against petitioner Jovan Fludd in May...

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