MATTER OF FUENTES v. FISCHER

510684.

89 A.D.3d 1292 (2011)

934 N.Y.S.2d 508

2011 NY Slip Op 8247

In the Matter of JOSE A. FUENTES, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 17, 2011.


Petitioner, a prison inmate at Southport Correctional Facility in Chemung County, filed a grievance after two sealed envelopes he attempted to send to media outlets were opened and returned to him for having excess writing on the outside envelopes. The grievance was ultimately denied by the Central Office Review Committee, after which petitioner commenced this CPLR article 78 proceeding to challenge the determination. Supreme Court dismissed the petition and petitioner now...

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