Duarte v. City of New York

The petitioner, a pregnant inmate awaiting trial at the Rose M. Singer Center Correctional Facility at Rikers Island, applied to the New York City Department of Correction (hereinafter the DOC) to be admitted to the facility’s Nursery Program, which allows for an inmate who gives birth while incarcerated to nurse and care for her newborn child in the facility’s nursery for up to 18 months after the child’s birth. The DOC denied the petitioner’s application, and the petitioner commenced this CPLR article 78 proceeding to review that determination. The Supreme Court granted the petition and…