Opinion
11-20-2015
In the Matter of Robert REED, Petitioner–Appellant, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent. (Appeal No. 1.).
Robert I. Reed, Petitioner–Appellant Pro Se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent–Respondent.
Robert I. Reed, Petitioner–Appellant Pro Se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:
Petitioner, an inmate in the custody of respondent New York State Department of Corrections and Community Services (DOCCS), commenced this CPLR article 78 proceeding challenging his commitment to the custody of DOCCS on the ground that it was not authorized by the sentencing court, i.e., Niagara County Court. Supreme Court properly dismissed the petition. It is of no consequence that the sentencing court, in imposing petitioner's sentence, did not explicitly commit him to the custody of DOCCS, inasmuch “as the imposed sentence could only be served in a state facility” (People ex rel. Hurley v. Jubert, 56 A.D.3d 915, 915, 868 N.Y.S.2d 331, lv. denied 12 N.Y.3d 703, 876 N.Y.S.2d 704, 904 N.E.2d 841, citing Penal Law § 70.20[1][a] ). In addition, we agree with DOCCS that the petition was subject to dismissal on the further ground that petitioner failed to join Niagara County Court as a necessary party, inasmuch as DOCCS had no authority to alter the commitment order (see Matter of Reed v. Fischer, 79 A.D.3d 1517, 1517–1518, 912 N.Y.S.2d 468; Matter of Reed v. Travis, 19 A.D.3d 829, 830, 797 N.Y.S.2d 597, lv. denied 5 N.Y.3d 708, 803 N.Y.S.2d 29, 836 N.E.2d 1152).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
SCUDDER, P.J., CENTRA, CARNI, WHALEN, and DeJOSEPH, JJ., concur.