MATTER OF LANE v. KIRKPATRICK

506419

68 A.D.3d 1280 (2009)

2009 NY Slip Op 9109

890 N.Y.S.2d 682

In the Matter of JOHN LANE, Petitioner, v. ROBERT KIRKPATRICK, as Superintendent of Wende Correctional Facility, Respondent.

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

Decided December 10, 2009.


While an inmate at Wende Correctional Facility in Erie County, petitioner was placed in involuntary protective custody following a hearing where it was determined that his safety was in jeopardy. This determination was upheld on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The involuntary protective custody recommendation, together with the confidential testimony considered by the Hearing Officer in camera, provide...

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