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MINER v. CORR. SERVS.

125 Misc.2d 594 (1984)

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

Supreme Court, Dutchess County.

September 19, 1984

Attorney(s) appearing for the Case

Robert F. Miner, Jr., petitioner pro se. Robert Abrams, Attorney-General (James Gardner Ryan of counsel), for respondent.

LUCILLE POLK BUELL, J.

In this proceeding pursuant to CPLR article 78, petitioner seeks to sidestep the forfeiture provisions of section 79-a of the Civil Rights Law by utilizing a novel approach: a proxy marriage performed in Kansas after his incarceration. Petitioner seeks an order annulling respondent's determination not to recognize petitioner's proxy marriage as valid for the purpose of participating in the Department of Correctional Services Family...

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