MATTER OF LUCAS v. SCULLY


125 A.D.2d 571 (1986)

In the Matter of Richard P. Lucas, Appellant, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents

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

December 22, 1986


Ordered that the judgment is modified, on the law, the proceeding is converted into an action for a declaratory judgment (see, CPLR 103 [c]), with the petition deemed the complaint, and it is declared the respondents' regulations 7 NYCRR 720.3 (b) (15), (17); (e) (6), which in effect require the intended recipient of inmate mail be identified as the addressee, and 7 NYCRR 720.3 (e), which permits inspection of business mail, do not implicate the petitioner's 1st Amendment...

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