Johnson v. Goord

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 31, 2000 in Franklin County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as moot.

Petitioner commenced this proceeding challenging his placement in a double-bunk cell in view of alleged threats made against him by other inmates. Inasmuch as petitioner had been transferred to a single-bunk facility, Supreme Court granted respondents’ motion to dismiss the petition as moot. This appeal ensued. We reject petitioner’s contention that the circumstances of this case…