MATTER OF RIVERA v. FISCHER

507575.

72 A.D.3d 1300 (2010)

903 N.Y.S.2d 546

In the Matter of ROBERT RIVERA, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 15, 2010.


During the processing of outgoing mail, a correction officer came across a legal envelope addressed to the Commission on Judicial Conduct, accompanied by an authorized advance request, which roused suspicion. These documents were forwarded to the Deputy Superintendent for investigation. The envelope was opened by the Deputy Superintendent and contained, among other things, documents belonging to petitioner. The envelope, however, did not have petitioner's name as the return...

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