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PEO (FURDE) v. NYC CORRECTION

9 Misc.3d 268 (2005)

796 N.Y.S.2d 891

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK FURDE, Also Known as MARK FORD, Petitioner, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Respondents.

Supreme Court, Bronx County.

June 3, 2005.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Abigail Everett of counsel), for petitioner.

Florence A. Hutner, New York City (Kathy Huang of counsel), for respondents.

OPINION OF THE COURT

MARGARET L. CLANCY, J.

Petitioner, a pretrial detainee at Rikers Island Correctional Facility, filed a CPLR article 78 petition to invalidate the New York City Department of Correction's determination to place him in 23-hour lock-in, where he has been housed for over six months. For the reasons set forth below, the court finds that the Department of Correction violated petitioner's due...

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