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  5. 71 N.Y.2d 48 (1987)
 

MATTER OF DOE v. COUGHLIN

71 N.Y.2d 48 (1987)

In the Matter of John Doe et al., Appellants, v. Thomas A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Deborah Schneer, Robert Selcov, David C. Leven and Maurie G. Heins for appellants.

Robert Abrams, Attorney-General (Frank K. Walsh, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.

Judges TITONE and BELLACOSA concur with Judge SIMONS; Judge BELLACOSA concurs in a concurring memorandum; Chief Judge WACHTLER concurs in result in a separate opinion; Judge ALEXANDER dissents and votes to reverse in another opinion in which Judges KAYE and HANCOCK, JR., concur.

SIMONS, J.

Petitioners John and Jane Doe were married June 6, 1985. At the time, John Doe was an inmate of the Auburn Correctional Facility serving a 5½- to 11-year indeterminate sentence. In October 1985 he qualified for participation in the Family Reunion Program and petitioners subsequently were afforded a two-day conjugal visit in a trailer on prison grounds...

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