IN RE: Tyheem Y. ALLAH (1999)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Tyheem Y. ALLAH, Petitioner, v. Glenn S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

Decided: January 28, 1999

Before: CARDONA, P.J., CREW, III, YESAWICH, Jr., SPAIN and CARPINELLO, JJ.

Tyheem Y. Allah, Auburn, petitioner in person. Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondent.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which placed petitioner in protective custody.

While an inmate at Clinton Correctional Facility in Clinton County, petitioner was placed in involuntary protective custody based upon confidential information indicating that his life was in jeopardy. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination on substantial evidence and procedural grounds. Because petitioner has been transferred to another facility and housed with the general inmate population, we find that his challenge to the administrative determination is now moot (see, Matter of Rodriguez v. Coombe, 233 A.D.2d 647, 649 N.Y.S.2d 832; Matter of Garcia v. Kuhlmann, 205 A.D.2d 1025, 614 N.Y.S.2d 450). Accordingly, this proceeding must be dismissed (see, Matter of Howard v. Miller, 193 A.D.2d 988, 598 N.Y.S.2d 369).

ADJUDGED that the petition is dismissed, as moot, without costs.

MEMORANDUM DECISION.

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