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Matter of Henry v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Jan 28, 1993
189 A.D.2d 1054 (N.Y. App. Div. 1993)

Opinion

January 28, 1993

Appeal from the Supreme Court, Sullivan County (Kane, J.).


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 U.S. 236, 243), and respondent is not required to give reasons for such a transfer (see, Matter of Cole v. Smith, 84 A.D.2d 942). Given that there is no indication that respondent acted in bad faith or of any other circumstances warranting remittal of this matter for further consideration, we affirm (cf., Matter of Fridella v Coughlin, 177 A.D.2d 872; Matter of Cole v. Smith, supra).

Yesawich Jr., J.P., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Henry v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Jan 28, 1993
189 A.D.2d 1054 (N.Y. App. Div. 1993)
Case details for

Matter of Henry v. Coughlin

Case Details

Full title:In the Matter of LANCELOT HENRY, Appellant, v. THOMAS A. COUGHLIN, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 28, 1993

Citations

189 A.D.2d 1054 (N.Y. App. Div. 1993)
592 N.Y.S.2d 900

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