Matter of Morehouse v York

[*1] Matter of Morehouse v York 2017 NY Slip Op 51223(U) Decided on September 26, 2017 Supreme Court, Warren County Muller, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 26, 2017
Supreme Court, Warren County

In the Matter of the Application of Scott Morehouse, Petitioner, for Judgment pursuant to Article 78 of the Civil Practice Law and Rules,

against

Sheriff Nathan H. York, Warren County Sheriff, Respondent.



63912



Scott Morehouse, petitioner pro se.

Brian S. Reichenbach, County Attorney, Lake George, for respondents.
Robert J. Muller, J.

Petitioner, who is an inmate at the Great Meadow Correctional Facility in Comstock, Washington County, commenced this CPLR article 78 proceeding on May 17, 2017 to challenge certain actions undertaken by respondent. An Order to Show Cause was issued on May 23, 2017 and — at the request of petitioner — an Amended Order to Show Cause was then issued on June 6, 2017. The Court has now received and reviewed both respondent's answer and petitioner's reply.On or about January 25, 2017, petitioner was transferred from the Warren County Correctional Facility to the Great Meadow Correctional Facility at the written request of respondent (see Correction Law § 504 [2]). Petitioner — who remains at the Great Meadow Correctional Facility — contends that he must be returned to the Warren County Correctional Facility because respondent failed to follow the appropriate procedure in requesting the transfer. The Court is unpersuaded.

Corrections Law § 504 (2) provides, in pertinent part:

"Where the jail in a county becomes unfit or unsafe for the confinement of some or all of the inmates due to an inmate disturbance or other extraordinary circumstances, including but not limited to a natural disaster, unanticipated deficiencies in the structural integrity of a facility or the inability to provide one or more inmates with essential services such as medical care, upon the request of the municipal official . . . and no other suitable place within the county nor the jail of any other county is immediately available to house some or all of the inmates, the commissioner of corrections and community supervision may, in his or her sole discretion, make available, upon such terms and conditions as he or she may deem appropriate, all or any part of a state correctional institution for the confinement of some or all of such inmates as an adjunct to the county jail for a period not to exceed thirty days. However, if the county jail remains unfit or unsafe for the [*2]confinement of some or all of such inmates beyond thirty days, the state commission of correction, with the consent of the commissioner of corrections and community supervision, may extend the availability of a state correctional institution for one or more additional thirty day periods."

Here, petitioner was incarcerated at the Warren County Correctional Facility on August 2, 2014. On May 15, 2015, respondent sent correspondence to Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision ("DOCCS"), requesting that petitioner be transferred to a state correctional facility under Corrections Law § 504 (2). Respondent stated, in pertinent part:

"During his incarceration thus far, 324 Unusual Incident Reports have been filed as a result of [inmate Morehouse's] behavior and/or actions. In addition, he has had 273 Inmate Misbehavior Reports issued for facility rule violations and has several other misbehavior reports pending."Inmate Morehouse has been aggressive and assaultive towards Correctional Staff which has resulted in multiple uses of force. His behavior has required the use of chemical agents on ten occasions, in addition to the use of a mechanical restraint chair nine times."

Respondent further stated as follows:

"Our Correctional Facility was not constructed with a Special Housing Unit and the facility plant design does not allow for the effective segregation and separation of this type of inmate. In addition, any changes to the facility would be costly and require the review/approval of the NYS Commission of Corrections."The Warren County Correctional Facility has been in contact with Albany County, Rensselaer County, Washington County and Essex County in regards to housing inmate Morehouse in their Special Housing Units with negative results."On May 22, 2015, the Commissioner granted respondent's request and issued a substitute jail order assigning petitioner to the Great Meadow Correctional Facility. Several successive substitute jail orders were then issued and petitioner remained at the Great Meadow Correctional Facility until December 17, 2015, at which time he was sent to the Mid-Hudson Psychiatric Center. On September 30, 2016, he was returned from there to the Warren County Correctional Facility.

Upon his return, petitioner was involved in three separate assaults on other inmates, the last of which resulted in facial fractures to the other inmate and additional criminal charges against petitioner. As a result, respondent sent correspondence to the Commissioner on January 18, 2017 again requesting that petitioner be transferred to a state correctional facility. Respondent attached and incorporated his May 2015 request, as well as described petitioner's increasing violence since his return to the Warren County Correctional Facility. On January 23, 2017, the Commissioner granted this second request and issued a substitute jail order again assigning petitioner to the Great Meadow Correctional Facility. Since that time, a series of successive substitute jail orders have been issued with each extending petitioner's time at the Facility for an additional thirty days.

Under the circumstances, the Court finds that respondent has complied fully with Corrections Law § 504 (2), as well as the regulations promulgated by the State Commission of Corrections for substitute jail orders (see 9 NYCRR part 7300). While petitioner contends that respondent failed to inquire as to whether any other suitable jails existed in surrounding counties before contacting the Commissioner in January 2017 (see Corrections Law § 504 [2]; 9 NYCRR § 7300.6 [c]), the Court finds such contention to be without merit. Michael Gates — the Correction Captain at the Warren County Correctional Facility — states that "[he] contacted Albany, Rensselaer, Washington and Essex counties' jails" in 2015 and "none . .. would accept [petitioner] as an inmate because of his behavior at Warren County jail." Gates further states that, "[i]n 2017, when [they] again needed to find a special housing unit for Morehouse, [he] was confident that none of the above facilities would accept him," as "his behavior had [only] become worse since that time, specifically increasingly violent."

To the extent not specifically addressed herein, petitioner's remaining contentions have been considered and deemed to be without merit.

Based upon the foregoing, the relief requested is denied and the petition dismissed.

Therefore, having considered the Petition with exhibits attached thereto, dated April 24, 2017; Answer and Memorandum of Law with exhibits attached thereto, dated June 29, 2017; Affidavit of Michael Gates, sworn to June 28, 2017; and Reply, dated July 10, 2017, it is hereby

ORDERED AND ADJUDGED that the relief requested is denied; and it is further

ORDERED AND ADJUDGED that the petition is dismissed.

The original of this Decision and Judgment has been filed by the Court together with the above-referenced submissions. Counsel for respondent is hereby directed to promptly obtain a filed copy of the Decision and Judgment for service with notice of entry on petitioner in accordance with CPLR 5513.

DATED: September 26, 2017

Lake George, New York.

____________________________________

ROBERT J. MULLER, J.S.C.