Ferrara v. Commissioner, New York State Department of Correctional Services

Appeal from an order of the Supreme Court (Harris, J.), entered May 24,1996 in Albany County, which, inter alia, granted defendant’s cross motion to dismiss the complaint on the ground that the challenged administrative determination is not ripe for review.

Plaintiff was incarcerated at Oneida Correctional Facility in Oneida County. In the fall of 1995, modifications were made to the Protective Custody Unit where plaintiff was housed which included replacing the single beds with bunkbeds. Plaintiff commenced this action seeking, inter alia, a declaration that double bunking was a violation of…