SATTAN v. GOORD

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Harold SATTAN, Petitioner, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, Respondent.

Decided: April 29, 2005

PRESENT:  GREEN, J.P., HURLBUTT, MARTOCHE, LAWTON, AND HAYES, JJ. Wyoming County-Attica Legal Aid Bureau, Attica (Susan K. Jones of Counsel), for Petitioner. Eliot Spitzer, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent.

Petitioner commenced this proceeding seeking review of respondent's determination placing him in administrative segregation. The Hearing Officer adequately assessed the reliability of information obtained from confidential sources (see Matter of Hill v. Coombe, 227 A.D.2d 706, 707, 641 N.Y.S.2d 465;  see also Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 120-123, 623 N.Y.S.2d 758, 647 N.E.2d 1266), and that information constitutes substantial evidence that petitioner's presence in the general population would pose a threat to the safety and security of the facility (see 7 NYCRR 301.4[b];  Matter of Blake v. Selsky, 10 A.D.3d 774, 775, 781 N.Y.S.2d 802;  Matter of O'Keefe v. Coombe, 233 A.D.2d 640, 650 N.Y.S.2d 47).

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

MEMORANDUM: