Lugo v. Goord

Appeal from a judgment of the Supreme Court (Stein, J.), entered February 18, 2005 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

On December 8, 2003, the Department of Correctional Services transferred petitioner out of the Fishkill Correctional Facility, close to his home, to the Wyoming Correctional Facility due to his failure to participate in recommended programs. On June 18, 2004, petitioner requested a priority transfer to a cor*988rectional facility located closer to his home, having successfully completed one of the recommended programs at…