Lucas v. Scully

— In a proceeding pursuant to CPLR article 78, inter alia, to declare provisions of the respondents’ inmate correspondence program unconstitutional, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Green, J.), dated July 15, 1986, which dismissed the proceeding.

Ordered that the judgment is modified, on the law, the proceeding is converted into an action for a declaratory judgment (see, CPLR 103 [c]), with the petition deemed the complaint, and it is declared thé respondents’ regulations 7 NYCRR 720.3 (b) (15), (17); (e) (6), which in effect require the intended…