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IN THE MATTER OF HERNANDEZ v. WALSH

30 A.D.3d 703 (2006)

815 N.Y.S.2d 831

In the Matter of JOSE HERNANDEZ, Appellant, v. JAMES WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

June 8, 2006.

While incarcerated at Sullivan Correctional Facility in Sullivan County, petitioner commenced this CPLR article 78 proceeding seeking a writ of mandamus claiming that respondent has deprived him the opportunity for physical exercise, disciplined him for the purpose of retaliation, withheld outgoing mail, performed unjustified cell searches, failed to comply with fire and safety regulations and prevented petitioner from filing grievances. Following the commencement of the...

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