Devine v. Annucci

OPINION OF THE COURT

Yvonne Lewis, J.

Petitioner, Michael Devine, brings this petition seeking a declaratory judgment, and relief in the nature of prohibition, pursuant to article 78 of the Civil Practice Law and Rules. He is contesting the removal of petitioner from his Brooklyn residence, together with the restriction of his movement by the respondents pursuant to section 259-c (14) of the Executive Law. The petitioner seeks an order that Executive Law § 259-c (14) is unconstitutional as applied to himself because it violates his First Amendment right to freely associate with his own family.…