In Matter of Ciaprazi v. Goord , Romanian immigrant Roberto Ciaprazi was an inmate at Sing Sing Correctional Facility serving a life sentence for kidnapping, burglary and robbery.
When he requested to be transferred to a Romanian prison facility, the Deputy Commissioner of Correctional Services believed Ciaprazi was ineligible for transfer and denied the request.
After Ciaprazi challenged the decision by way of a special proceeding, the Albany County Supreme Court found that an inmate serving a life sentence wasn't barred from securing such relief and sent the matter back to the Deputy Commissioner of Correctional Services for reconsideration. On appeal, the Commissioner of Correctional Services argued the Supreme Court had misinterpreted the law.
The Appellate Division, Third Department, found the statutory section upon which the Deputy Commissioner relied was inapplicable. Since the transfer was governed by a different law, and Ciaprazi's eligibility under that statute wasn't determined, the case was sent back for reconsideration.
And that's no goulash!
To download a copy of the Appellate Division's decision, please use this link: Matter of Ciaprazi v. Goord