Muessman v. Ward

OPINION OF THE COURT

Seymour Boyers, J.

In this action to declare section 79-a of the Civil Rights Law unconstitutional, plaintiffs move for a declaratory judgment pursuant to CPLR 3001 directing the defendants to allow plantiffs to be married.

Plaintiff Karen Muessman is presently serving a sentence of three years to life upon her conviction of a class A-III felony. The plaintiffs, who had lived together prior to the conviction, requested permission to marry from the Superintendent of the Bedford Hills Correctional Facility, the institution where Ms. Muessman is serving her life sentence. This…