MATTER OF THOMS

Index No. 52579. 1278 CA 19-00093.

181 A.D.3d 1275 (2020)

118 N.Y.S.3d 498

2020 NY Slip Op 01830

In the Matter of Matthew Thoms, Superintendent of Five Points Correctional Facility, Respondent, for an Order Authorizing the Feeding, Hydration and Treatment of Shane H., Appellant.

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

Decided March 13, 2020.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent, a prison inmate with a history of engaging in hunger strikes, appeals from an order that, inter alia, authorizes the Department of Corrections and Community Supervision to forcibly feed him should he refuse to eat. The order remains effective until respondent's release from custody. We affirm.

The preservation rule applies in a proceeding to...

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