Salahuddin v. Coughlin

Appeal from an order of the Supreme Court (Kane, J.), entered June 7, 1993 in Sullivan County, which, in *836a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

Petitioner, an inmate in the State prison system, maintains that respondents acted illegally in transferring him from Downstate Correctional Facility in Dutchess County to Sullivan Correctional Facility in Sullivan County. As respondents now concede, Supreme Court erred in dismissing the petition for failure to state a cause of action.

Although the Department…