MATTER OF BROWN v. ANNUCCI

524684.

155 A.D.3d 1290 (2017)

63 N.Y.S.3d 911

2017 NY Slip Op 08073

In the Matter of JAMES BROWN, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided November 16, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging his transfer to a double-bunking correctional facility and seeking to compel respondents to comply with a prior administrative determination that allegedly found him to be unsuitable for double-bunk housing. Supreme Court granted respondents' motion to dismiss the petition as moot inasmuch as petitioner had been transferred to a correctional facility with only single...

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