Appellate Division of the Supreme Court of the State of New York June 17, 2004 (Burr v. Goord)

*854Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered October 22, 2003 in Ulster County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner, an inmate at a maximum security correctional facility, was placed in protective custody at his request. Based upon his protective custody status, petitioner was submitted for a transfer.