Confinement in Special Housing Unit Was Harsh and Excessive Punishment—No Showing Petitioner Was a Threat to Institutional Safety

The Third Department determined petitioner posed no threat to institutional safety and, therefore, his confinement in a special housing unit constituted harsh and excessive punishment:

… [B]ecause neither the charges of which he is guilty nor the evidence presented at the hearing establishes that petitioner’s conduct was a threat to institutional safety and security, we find that the imposition of confinement in the special housing unit is harsh and excessive … . Matter of Kim v Annucci, 2015 NY Slip Op 04178, 3rd Dept 5-14-15