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Fitzpatrick v. Smith

90 A.D.2d 974, 456 N.Y.S.2d 902, 1982 N.Y. App. Div. LEXIS 19252
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 9, 1982
StatusPublished
Cited by7 cases

This text of 90 A.D.2d 974 (Fitzpatrick v. Smith) 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.

Bluebook
Fitzpatrick v. Smith, 90 A.D.2d 974, 456 N.Y.S.2d 902, 1982 N.Y. App. Div. LEXIS 19252 (N.Y. Ct. App. 1982).

Opinion

Judgment unan[975]*975imously reversed and petition dismissed. Memorandum: Special Term erred in granting the application of the petitioner, an inmate serving a life sentence, to marry. Section 79-a of the Civil Rights Law prohibits marriages by inmates serving sentences of life imprisonment. Nevertheless, petitioner contends that the right to marry is a fundamental right and that section 79-a should be reexamined in view of the recent decision in Zablocki v Redhail (434 US 374). We find nothing in the rationale of Zablocki v Redhail (supra) which would invalidate the continued ban on marriage as an additional punishment for crimes of the most serious nature. Those courts which have heretofore scrutinized the statute have found it to be constitutional in factually similar cases (Johnson v Rockefeller, 365 F Supp 377, affd sub nom. Butler v Wilson, 415 US 953; Muessman v Ward, 95 Misc 2d 478). (Appeal from judgment of Supreme Court, Wyoming County, Mattina,. J. — art 78.) Present — Dillon, P. J., Callahan, Denman, Boomer and Schnepp, JJ.

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Fitzpatrick v. Smith
453 N.E.2d 547 (New York Court of Appeals, 1983)

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Bluebook (online)
90 A.D.2d 974, 456 N.Y.S.2d 902, 1982 N.Y. App. Div. LEXIS 19252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-smith-nyappdiv-1982.