Miner v. v. New York State Department of Correctional Services

In the Matter of Robert F. Miner, Jr., Appellant, v. New York State Department of Correctional Services, Respondent

[NO NUMBER IN ORIGINAL]

Court of Appeals of New York

70 N.Y.2d 909; 519 N.E.2d 301; 524 N.Y.S.2d 390; 1987 N.Y. LEXIS 19948

December 21, 1987, Decided

PRIOR HISTORY:

Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered December 22, 1986, which affirmed a judgment of the Supreme Court (Lucille Polk Buell, J.; opn 125 Misc 2d 594), entered in Dutchess County in a proceeding pursuant to CPLR article 78, granting respondent's motion to dismiss a petition to annul a determination of the New York State Department of Correctional Services that petitioner's marriage was invalid for the purpose of his participation in the Department of Correctional Services Family Reunion Program.

Matter of Miner v New York State Dept. of Correctional Servs., 125 AD2d 573, affirmed.

DISPOSITION: On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs, in a memorandum.

HEADNOTES:
Death -- Civil Death -- Proxy Marriage

An order, which affirmed a judgment dismissing a petition to annul a determination of the New York State Department of Correctional Services that petitioner, a life sentence inmate, is not legally married for purposes of participation in the Family Reunion Program ( 7 NYCRR part 220), should be affirmed. The Department properly applied Civil Rights Law ¤ 79-a as the basis for concluding that petitioner's out-of-State proxy marriage entered into during petitioner's life term incarceration was invalid. A marriage entered into by an incarcerated life sentence inmate is void from inception under Civil Rights Law ¤ 79-a.

COUNSEL: Robert F. Miner, Jr., appellant pro se.

Robert Abrams, Attorney-General (Robert J. Schack of counsel), for respondent.

JUDGES: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

OPINION: [*910] [**301] [***390] OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

This is an article 78 proceeding in which petitioner, a life-sentence inmate, seeks to annul a determination of the New York State Department of Correctional Services (DOCS) that petitioner is not legally married for purposes of participation in the Family Reunion Program ( 7 NYCRR part 220).

The sole issue presented for this court's review is whether DOCS properly applied Civil Rights Law ¤ 79-a as the basis for concluding that petitioner's out-of-State proxy marriage entered into during petitioner's life-term incarceration was invalid.

A marriage entered into by an incarcerated life-sentence inmate is void from inception because the legislative declaration of civil death under Civil Rights Law ¤ 79-a imposes a [*911] complete disability to enter into a valid marriage ( Ferrin v New York State Dept. of Correctional Servs., 71 NY2d 42). Thus, DOCS' determination that petitioner's proxy marriage is invalid was correct and the Appellate Division order refusing to annul the determination should be affirmed, without costs.