Legal Opinion
Ferrin v. New York State Department of Correctional Services
New York Court of Appeals
Decided December 21, 1987PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This declaratory judgment action raises the legal validity of a marriage entered into by a life-sentence inmate while in prison. We agree with the lower courts that such a marriage is void from inception because the Legislature’s declaration of civil death under Civil Rights Law § 79-a continues to impose a complete disability to enter into a valid marriage with an inmate during life-sentence incarceration.
Plaintiff Donald Ferrin is serving a term of 20 years to life, imposed in April 1974. In December 1977, while being held at the Dutchess County Jail, Donald…
2Cases cited15 opinions
- Albano v. KirbyNew York Court of Appeals · 1975
- Granada Buildings, Inc. v. City of KingstonNew York Court of Appeals · 1982
- Roballo v. SmithNew York Court of Appeals · 1984
- Scruggs-Leftwich v. Rivercross Tenants' Corp.New York Court of Appeals · 1987
- In Re the Will of LindewallNew York Court of Appeals · 1942
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rangolan v. County of NassauNew York Court of Appeals · 2001
- Fosmire v. NicoleauNew York Court of Appeals · 1990
- Samuels v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BrancoccioNew York Court of Appeals · 1994
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
6 more not listed; retrieve them via the Exa API.