Legal Opinion
Milburn v. McNiff
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1981PublishedCited by 7 opinions
1Opinion of the Court
— In a proceeding pursuant to CPLR article 78, inter alia, to declare provisions of the respondent’s inmate correspondence program unconstitutional, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated November 9, 1979, which dismissed the petition. Judgment reversed, on the law, without costs or disbursements, the proceeding is converted into an action for a declaratory judgment (see CPLR 103, subd [c]), with the petition deemed the complaint, it is declared that respondent’s policy which requires inmates who wish to communicate with persons not on their approved…
2Cases cited4 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Hutto v. FinneySupreme Court of the United States · 1979
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Finney v. HuttoDistrict Court, E.D. Arkansas · 1976
3Cited by7 opinions
- People v. SurdisAppellate Division of the Supreme Court of the State of New York · 2005
- Anderson v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1983
- Milburn v. McNiffAppellate Division of the Supreme Court of the State of New York · 1985
- Dineen v. BorghardAppellate Division of the Supreme Court of the State of New York · 1984
- Milburn v. McniffAppellate Division of the Supreme Court of the State of New York · 1983
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