Judge D’Agostino of the Northern District of NY issued a decision denying, in part, DOCCS’ motion to dismiss litigation concerning the intersection between disability and proximity to minor child placement (PMC). The Plaintiff in this case was approved for a PMC transfer, but DOCCS refused to transfer the Plaintiff due to disabilities that DOCCS perceived. After PLS filed the lawsuit seeking transfer, DOCCS transferred the Plaintiff to a Regional Medical Unit closer to the Plaintiff’s children.  After motion practice, DOCCS transferred the Plaintiff out of the Regional Medical Unit and into a less restrictive setting that still allowed visits with the Plaintiff’s minor children. The judge’s recent decision and order allows the Plaintiff’s claims to proceed.