Marcelin v. Coughlin

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 30, 1992 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination denying petitioner’s grievance.

Petitioner commenced this CPLR article 78 proceeding claiming that the denial of his right to possess Tarot cards in prison infringes on the exercise of his religious belief and, therefore, violates his rights under the 1st Amendment. In his brief on appeal, however, petitioner does not advance a religious intent with respect to possessing the Tarot…