People ex rel. Furde v. New York City Department of Correction

*269OPINION OF THE COURT

Margaret L. Clancy, J.

Petitioner, a pretrial detainee at Hikers Island Correctional Facility, filed a CPLR article 78 petition to invalidate the New York City Department of Correction’s determination to place him in 23-hour lock-in, where he has been housed for over six months. For the reasons set forth below, the court finds that the Department of Correction violated petitioner’s due process rights by failing to follow its own regulations for placing him in restrictive custody. The determination is therefore annulled and petitioner is ordered returned to general…