Gilbert v. Coombe

Appeal from a judgment of the Supreme Court (Kane, J.), entered July 15, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition due to, inter alia, petitioner’s lack of standing.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, filed a grievance challenging respondent’s policy of housing two inmates in a cell formerly designed for one inmate. The grievance was based on petitioner’s fear for his health and safety because the so-called double-celling increased the risk of infection of…