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MTR OF MONTGOMERY v. COUGHLIN

194 A.D.2d 264 (1993)

In the Matter of Charles Montgomery, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent. (Proceeding No. 1.) In the Matter of Kenneth G. Pavel, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents. (Proceeding No. 2.)

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

December 30, 1993

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for Charles Montgomery, appellant.

Kenneth G. Pavel, Elmira, appellant pro se.

Robert Abrams, Attorney-General, Albany (Daniel Smirlock and Nancy A. Spiegel of counsel), for respondents.

WEISS, P. J., MERCURE, WHITE and CASEY, JJ., concur.

MAHONEY, J.

In these proceedings, petitioners Charles Montgomery and Kenneth G. Pavel, both inmates at Elmira Correctional Facility in Chemung County, posit 1st Amendment challenges to a directive of the Department of Correctional Services which, consistent with 7 NYCRR 712.5, prohibits inmates from receiving newspapers from nonpublisher sources (i.e., persons or...

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