Matter of Glanda v. Annucci

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 placing petitioner in involuntary protective custody.

Petitioner, an inmate who is confined to a wheelchair, was confronted by two other inmates regarding his use of a handicap-accessible shower. During a heated discussion, one of the inmates struck petitioner in the face with a combination lock. As a result, a correction lieutenant issued a recommendation that petitioner be placed in involuntary protective custody. A hearing on the…