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114 A.D.2d 1035

Moss v. Holtzman

Appellate Division of the Supreme Court of the State of New York · decided 1985-11-25

Decided 1985-11-25

¶1— In a proceeding pursuant to CPLR article 78 to compel respondent Holtzman to address legal mail sent by her directly to petitioner rather than to the warden of the prison facility in which he is detained, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated January 4, 1985, which dismissed the proceeding.

¶2Judgment affirmed, without costs or disbursements.

¶3Petitioner failed to establish the violation of a legal duty by respondent Holtzman. Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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