Legal Opinion

Fuentes v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2011Published

1Opinion of the Court

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 appeals.

We affirm. The correspondence directives of the Department of Corrections and Community Supervision permit…

2Cases cited5 opinions

  1. Hernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Constantine v. WhiteAppellate Division of the Supreme Court of the State of New York · 1991
  3. Raqiyb v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Tankleff v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2004
  5. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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