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MATTER OF ROSSI v. FISCHER

508146.

81 A.D.3d 999 (2011)

916 N.Y.S.2d 282

In the Matter of RANDOLPH ROSSI, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 3, 2011.

Petitioner, a prison inmate, has refused to voluntarily be placed in double-cell housing—where two inmates are placed in a cell originally intended for one—and, as such, his repeated requests to be transferred to a facility nearer his home have been denied (see 7 NYCRR 1701.2, 1701.5 [b] [2] [iii]). He grieved those denials, attacking the validity of the regulations permitting double-cell housing. The grievance...

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