People ex rel. Pagan v. LeFevre

70 A.D.2d 983, 418 N.Y.S.2d 1021, 1979 N.Y. App. Div. LEXIS 12623

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 14, 1979
• Status: Published

Opinion

— Appeal from a judgment of the Supreme Court at Special Term, entered October 13, 1978 in Clinton County, which denied petitioner’s application for a writ of habeas corpus. The petitioner has set forth no facts in his application which would establish that his transfer exceeded the discretionary powers granted the Commissioner of Correction under subdivision 1 of section 23 of the Correction Law. Accordingly, we affirm Special Term (cf. Matter of Johnson v Ward, 64 AD2d 186). Judgment affirmed, without costs. Mahoney, P. J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.