Sebastiano v. Harris

Mikoll, J., dissents and votes to affirm in the following memorandum. Mikoll, J. (dissenting).

I respectfully dissent. This matter should be remitted to Special Term for a determination as to whether the transfer of the petitioner was effected for administrative or disciplinary reasons. (See Matter of Johnson v Ward, 64 AD2d 186.) The petitioner raises a question of *1006fact as to the reason for his transfer, which should be resolved by granting a hearing.