186 A.D.3d 1869
N.Y. App. Div.2020Background
- Petitioner Danny Rincon, a prison inmate, is administratively separated and therefore limited to housing in 14 state facilities, which he says restricts rehabilitative programming.
- In May 2019 Rincon filed a CPLR article 78 petition claiming due process was violated because he had no mechanism to know or challenge the information supporting his housing restrictions.
- Supreme Court dismissed the CPLR article 78 petition after joinder of issue; Rincon appealed to the Appellate Division, Third Department.
- The Appellate Division concluded Rincon challenged a continuing policy rather than a discrete determination and converted the CPLR 78 proceeding into a declaratory judgment action.
- The court held inmates have no constitutional right to remain at a particular facility or to know/dispute reasons for placement absent unusual circumstances, and that the proper remedy is to request transfers and seek review of denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper procedural vehicle | Rincon treated his challenge as a CPLR 78 proceeding | Respondent argued the claims involve an ongoing policy and CPLR 78 was improper | Court converted the CPLR 78 to a declaratory judgment action and affirmed dismissal |
| Due process entitlement to know/dispute housing reasons | Rincon: lack of mechanism to challenge accuracy of info violates due process | Respondent: inmates have no liberty interest in placement; transfers are discretionary | Court held no due process right to know or dispute reasons for place of confinement absent unusual circumstances |
| Available remedy for displeasure with housing | Rincon sought ability to challenge placement info | Respondent: remedy is administrative transfer request and review of any denial | Court confirmed remedy is to request transfer and seek administrative review |
Key Cases Cited
- Matter of Zuckerman v. Board of Educ. of City School Dist. of City of N.Y., 44 N.Y.2d 336 (1978) (authorizes conversion of improper CPLR article 78 claims)
- People ex rel. Brown v. New York State Div. of Parole, 70 N.Y.2d 391 (1987) (supports converting proceedings to declaratory judgment action)
- Montanye v. Haymes, 427 U.S. 236 (1976) (prisoner has no constitutional right to remain at a particular prison)
- Meachum v. Fano, 427 U.S. 215 (1976) (transfers between institutions do not implicate a protected liberty interest)
- Matter of Henry v. Coughlin, 189 A.D.2d 1054 (1993) (New York authority recognizing no right to remain at a particular facility)