FERRIN v. CORR. SERVS.


71 N.Y.2d 42 (1987)

Donald Ferrin et al., Appellants, v. New York State Department of Correctional Services et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1987.


Attorney(s) appearing for the Case

Douglas V. Putnam, Jean Conigliano and David C. Leven for appellants.

Robert Abrams, Attorney-General (Nancy A. Spiegel, O. Peter Sherwood and Peter H. Schiff of counsel), for New York State Department of Correctional Services, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, and HANCOCK, JR., concur.


BELLACOSA, J.

This declaratory judgment action raises the legal validity of a marriage entered into by a life-sentence inmate while in prison. We agree with the lower courts that such a marriage is void from inception because the Legislature's declaration of civil death under Civil Rights Law § 79-a continues to impose a complete disability to enter into a valid marriage with an inmate during life-sentence...

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