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MATTER OF FITZPATRICK v. SMITH

90 A.D.2d 974 (1982)

In the Matter of Martin Fitzpatrick, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 9, 1982

Judgment unanimously 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...

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