Matter of Brown v. Annucci

Appeal from a judgment of the Supreme Court (Ceresia, J.), entered January 9, 2017 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging his transfer to a double-bunking correctional facility and seeking to compel respondents to comply with a prior administrative determination that allegedly found him to be unsuitable for double-bunk housing. Supreme Court granted respondents’ motion to dismiss the petition as moot inasmuch as petitioner had been transferred to a correctional facility with only single-housing cells. This appeal ensued.

We are unpersuaded by petitioner’s contention that the circumstances fall within the exception to the mootness doctrine. His assertion that he could be moved to a double-bunking facility in the future is speculative and, in any event, could be challenged through the grievance process (see Matter of Johnson v Goord, 289 AD2d 625, 625 [2001], appeal dismissed and lv denied 97 NY2d 723 [2002]). Petitioner’s remaining contention and request for further relief have been reviewed and found to be without merit.

Ordered that the judgment is affirmed, without costs.