Deflumer v. Dalsheim

Appellate Division of the Supreme Court of New York

Deflumer v. Dalsheim

114 A.D.2d 896, 495 N.Y.S.2d 70, 1985 N.Y. App. Div. LEXIS 53926

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1985

StatusPublished

This text of 114 A.D.2d 896 (Deflumer v. Dalsheim) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deflumer v. Dalsheim, 114 A.D.2d 896, 495 N.Y.S.2d 70, 1985 N.Y. App. Div. LEXIS 53926 (N.Y. Ct. App. 1985).

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Opinion

—In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to allow petitioner to use certain blankets which admittedly contain colors prohibited by departmental directive, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Miller, J.), dated November 10, 1983 which, after a hearing, among other things, dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

There is a rational security basis for the directive proscribing for prison use blankets containing the colors of the prison’s Emergency Response Team (see, Reynolds v Romano, 86 AD2d 628). Moreover, relief in the nature of mandamus does not lie where, as here, the petitioner has no legal right to the relief sought (CPLR 7803 [1]; see, Matter of Cooper v Smith, 63 NY2d 615; State Div. of Human Rights v New York State Dept. of Correctional Servs., 90 AD2d 51, 65). Mollen, P. J., Lazer, Weinstein and Rubin, JJ., concur.

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—In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to allow petitioner to use certain blankets which admittedly contain colors prohibited by departmental directive, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Miller, J.), dated November 10, 1983 which, after a hearing, among other things, dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

There is a rational security basis for the directive proscribing for prison use blankets containing the colors of the prison’s Emergency Response Team (see, Reynolds v Romano, 86 AD2d 628). Moreover, relief in the nature of mandamus does not lie where, as here, the petitioner has no legal right to the relief sought (CPLR 7803 [1]; see, Matter of Cooper v Smith, 63 NY2d 615; State Div. of Human Rights v New York State Dept. of Correctional Servs., 90 AD2d 51, 65). Mollen, P. J., Lazer, Weinstein and Rubin, JJ., concur.

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114 A.D.2d 896, 495 N.Y.S.2d 70, 1985 N.Y. App. Div. LEXIS 53926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deflumer-v-dalsheim-nyappdiv-1985.

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