Legal Opinion
Rushin v. Commissioner of the New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1997PublishedCited by 3 opinions
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Supreme Court (Canfield, J.), entered May 15, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition on the ground that the challenged administrative determination is not ripe for review.
Petitioner is a prison inmate in a State correctional facility. He is currently being housed in the facility’s protective custody unit (hereinafter PCU). In late 1995, the facility modified the PCU by, inter alia, replacing the single beds with bunkbeds. Petitioner commenced this proceeding charging, inter…
2Cases cited4 opinions
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
- Cabrini Medical Center v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
- Jamaica Water Supply Co.v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- Harris v. GrangerAppellate Division of the Supreme Court of the State of New York · 2006
- Doe v. CroceAppellate Division of the Supreme Court of the State of New York · 2001
- Rizzuto v. GoordAppellate Division of the Supreme Court of the State of New York · 2006