Legal Opinion

De'Vere v. Reid

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

Decided June 10, 1985Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to compel respondent to give him permission to marry, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated October 12, 1983, which dismissed his petition.

Judgment affirmed, without costs or disbursements.

Petitioner, an inmate at Fishkill Correctional Facility, serving an indeterminate prison sentence of three years to life, commenced the instant article 78 proceeding for a judgment permitting him to be married as soon as possible. Special Term properly dismissed the petition due to petitioner’s failure to…

2Cases cited8 opinions

  1. Patterson v. SmithNew York Court of Appeals · 1981
  2. Johnson v. RockefellerDistrict Court, S.D. New York · 1973
  3. Butler v. WilsonSupreme Court of the United States · 1974
  4. Fitzpatrick v. SmithAppellate Division of the Supreme Court of the State of New York · 1982
  5. Fitzpatrick v. SmithNew York Court of Appeals · 1983

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