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MATTER OF RIVERA v. COOMBE

231 A.D.2d 790 (1996)

647 N.Y.S.2d 128

In the Matter of Marcelino Rivera, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

September 12, 1996

Petitioner, a prison inmate, sent correspondence to a civilian revealing his involvement in a Latino gang. After this letter was returned to the prison for an insufficient address, a correction officer opened it pursuant to 7 NYCRR 720.4 (i) and, after noting that the author signed his name "Warrior", read the letter (see, 7 NYCRR 720.4 [d]). Subsequently, petitioner's cell was searched and correspondence from the civilian...

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