Henry v. Coughlin

Appeal from a judgment of the Supreme Court (Kane, J.), entered June 2, 1992 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

Petitioner contends that his transfer from one correctional facility to another required a hearing consistent with due process because it was allegedly based upon security considerations. We disagree. Inmates have no right to remain at a particular facility or any expectation that transfer will not occur without misconduct (Montanye v Haymes, 427 US 236,…