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C sought judicial review of a decision by the CSC to involuntarily transfer him from a maximum-security institution to the SHU. The transfer was executed on the grounds that C represented an extreme escape risk as a result of an intimate sexual relationship with a female staff member. At issue was whether C had been denied procedural fairness in regards to the sufficiency of disclosure and the ability or inability to reply adequately to the allegations before the decision to transfer was made. In dismissing the application, Strayer J. reviewed the relevant case authorities, applied them to the evidence, and held that the Court was satisfied that C had available all of the information made available to the Deputy Commissioner, and that it was sufficient that he had 48 hours to submit his written comments.
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