MATTER OF MILBURN v. McNIFF


81 A.D.2d 587 (1981)

In the Matter of Louis Milburn, Appellant, v. J. Kevin McNiff, as Deputy Commissioner of The New York State Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1981


Judgment reversed, on the law, without costs or disbursements, the proceeding is converted into an action for a declaratory judgment (see CPLR 103, subd [c]), with the petition deemed the complaint, it is declared that respondent's policy which requires inmates who wish to communicate with persons not on their approved correspondence lists, to forward to the prospective correspondent a "request to correspond form" unaccompanied by any other message is unconstitutional, and...

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