Comacho v. Ward

Appellate Division of the Supreme Court of New York

Comacho v. Ward

69 A.D.2d 882, 416 N.Y.S.2d 515, 1979 N.Y. App. Div. LEXIS 11612

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 23, 1979

StatusPublished

This text of 69 A.D.2d 882 (Comacho v. Ward) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Comacho v. Ward, 69 A.D.2d 882, 416 N.Y.S.2d 515, 1979 N.Y. App. Div. LEXIS 11612 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel respondent to return petitioner to the Ossining Correctional Facility, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated May 8, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner offered no factual support to establish that his transfer from the Ossining Correctional Facility was "unconstitutional”, and he concedes that "Even * * * the due process clause itself does not require a hearing with respect to prison transfers unless such transfer is otherwise violative of the Constitution” (see Montanye v Haymes, 427 US 236). Titone, J. P., Suozzi, Lazer and Cohalan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78 to compel respondent to return petitioner to the Ossining Correctional Facility, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated May 8, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner offered no factual support to establish that his transfer from the Ossining Correctional Facility was "unconstitutional”, and he concedes that "Even * * * the due process clause itself does not require a hearing with respect to prison transfers unless such transfer is otherwise violative of the Constitution” (see Montanye v Haymes, 427 US 236). Titone, J. P., Suozzi, Lazer and Cohalan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

69 A.D.2d 882, 416 N.Y.S.2d 515, 1979 N.Y. App. Div. LEXIS 11612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comacho-v-ward-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack