Thurman v. Kelly

Appellate Division of the Supreme Court of New York

Thurman v. Kelly

127 A.D.2d 993, 513 N.Y.S.2d 46, 1987 N.Y. App. Div. LEXIS 43489

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

DecidedFebruary 27, 1987

StatusPublished

Cited by3 cases

This text of 127 A.D.2d 993 (Thurman v. Kelly) 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

Thurman v. Kelly, 127 A.D.2d 993, 513 N.Y.S.2d 46, 1987 N.Y. App. Div. LEXIS 43489 (N.Y. Ct. App. 1987).

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Opinion

Judgment unanimously modified on the law by deleting the second decretal paragraph and as modified affirmed. Memorandum: Special Term improperly directed that petitioner be returned to the Green Haven Correctional Facility and restored to his position as a representative of the Inmate Grievance Resolution Committee (IGRC). Section 23 of the Correction Law grants the Commissioner of Correction almost unbridled authority to transfer inmates from one facility to another within the system (see, Matter of Johnson v Ward, 64 AD2d 186, 188). Since petitioner’s term as a member of the IGRC has expired, the issue concerning the resumption of that position is moot. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. —art 78.) Present — Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ.

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Judgment unanimously modified on the law by deleting the second decretal paragraph and as modified affirmed. Memorandum: Special Term improperly directed that petitioner be returned to the Green Haven Correctional Facility and restored to his position as a representative of the Inmate Grievance Resolution Committee (IGRC). Section 23 of the Correction Law grants the Commissioner of Correction almost unbridled authority to transfer inmates from one facility to another within the system (see, Matter of Johnson v Ward, 64 AD2d 186, 188). Since petitioner’s term as a member of the IGRC has expired, the issue concerning the resumption of that position is moot. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. —art 78.) Present — Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ.

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Bluebook (online)

127 A.D.2d 993, 513 N.Y.S.2d 46, 1987 N.Y. App. Div. LEXIS 43489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurman-v-kelly-nyappdiv-1987.

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