MATTER OF MILBURN v. McNIFF


108 A.D.2d 860 (1985)

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

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

February 19, 1985


Order modified, on the law and the facts, so as to permit the appellant to stamp outgoing sealed correspondence to the news media with a disclaimer consistent herewith. As so modified, order affirmed, without costs or disbursements.

The instant suit was originally commenced as a proceeding pursuant to CPLR article 78. However, on a prior appeal this court converted it into an action for a declaratory judgment (see, Matter of Milburn v McNiff,

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