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MATTER OF DI ROSE v. PICO

247 A.D.2d 687 (1998)

669 N.Y.S.2d 65

In the Matter of Ricardo A. Di Rose, Petitioner, v. Jose Pico et al., Respondents

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

February 5, 1998

Spain, J.

Petitioner, a prison inmate, challenges the determination continuing his placement for an indefinite period of time in the administrative segregation housing unit (SHU) at Shawangunk Correctional Facility in Ulster County. Petitioner contends that the determination was not based upon substantial evidence that he poses a threat to the safety and security of the facility (see, 7 NYCRR 301.4 [b]). We disagree.

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