MATTER OF RODRIGUEZ v. COOMBE


233 A.D.2d 647 (1996)

649 N.Y.S.2d 832

In the Matter of Nelson Rodriguez, Appellant, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1996


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge an administrative determination placing him in involuntary protective custody (hereinafter IPC) after several death threats had been made against him by other inmates. Supreme Court dismissed the petition as moot and we affirm. Petitioner spent only nine days in IPC after which he was transferred to another facility and housed with the general inmate population. As a result of petitioner's...

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