Rivera v. Coombe

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, sent correspondence to a civilian revealing his involvement in a Latino gang. After this letter was returned to the prison for an insufficient address, a corree*791tion officer opened it pursuant to 7 NYCRR 720.4 (i) and, after noting that the author signed his name "Warrior”, read the letter (see, 7…