Matter of Melendez v. Commissioner of the Department of Corrections and Community Supervision

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which placed petitioner in involuntary protective custody.

Correction officials received confidential information that, due to the fact that the victim of petitioner’s crime was either a member of the Bloods gang or a friend or relative of such individual, petitioner’s life was in danger if he remained in the general population of the correctional facility. After petitioner refused protective custody, a recommendation was made to…