Legal Opinion
Lane v. Kirkpatrick
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2009PublishedCited by 5 opinions
1Opinion of the Court
*1281While 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 substantial evidence supporting the determination upholding the recommendation (see Matter of Dawes v Fischer, 53 AD3d 902,…
2Cases cited6 opinions
- Thomas v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Warren v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Nova v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Almonte v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Carota v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by5 opinions
- Bartley v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Reid v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Pryor v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Melendez v. Commissioner of the Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Glanda v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017