Legal Opinion

Miner v. New York State Department of Correctional Services

New York Supreme Court

Decided September 19, 1984PublishedCited by 3 opinions

1Opinion of the Court

opinion of the court

Lucille Polk Buell, J.

In this proceeding pursuant to CPLR article 78, petitioner seeks to sidestep the forfeiture provisions of section 79-a of the Civil Rights Law by utilizing a novel approach: a proxy marriage performed in Kansas after his incarceration. Petitioner seeks an order annulling respondent’s determination not to recognize petitioner’s proxy marriage as valid for the purpose of participating in the Department of Correctional Services Family Reunion Program, directing respondent to recognize petitioner’s proxy marriage as valid for the purpose of participating…

2Cases cited11 opinions

  1. Ehrlich-Bober & Co. v. University of HoustonNew York Court of Appeals · 1980
  2. Edwards v. . DooleyNew York Court of Appeals · 1890
  3. Johnson v. RockefellerDistrict Court, S.D. New York · 1973
  4. Butler v. WilsonSupreme Court of the United States · 1974
  5. People v. AllenNew York Court of Appeals · 1970

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3Cited by3 opinions

  1. Jennings v. City of Kansas CityMissouri Court of Appeals · 1991
  2. United States v. CraigDistrict Court, N.D. New York · 1995
  3. Miner v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1986

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