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

Appellate Division of the Supreme Court of the State of New York·Decided November 12, 1985·Published

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.

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

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