Davis v. Fischer

Appeal from a judgment of the Supreme Court (McGrath, J.), entered February 4, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services transferring petitioner to another correctional facility.

After petitioner was transferred from Fishkill Correctional Facility in Dutchess County to Mid-State Correctional Facility in Oneida County, he commenced this CPLR article 78 proceeding, alleging, among other things, that his transfer was in retaliation for concerns he had…