Burr v. Goord

*854Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered October 22, 2003 in Ulster County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner, an inmate at a maximum security correctional facility, was placed in protective custody at his request. Based upon his protective custody status, petitioner was submitted for a transfer. The transfer was denied due to the vicious nature of the crime for which he was convicted—which involved stabbing the murder victim 168 times. Supreme Court subsequently dismissed petitioner’s CPLR article 78 proceeding…