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KOZLOWSKI v. COUGHLIN

No. 634, Dockets 88-2319, 88-2429.

871 F.2d 241 (1989)

Anatol KOZLOWSKI, James Sims, and Donna Kozlowski, Plaintiffs-Appellees, v. Thomas A. COUGHLIN, III, Commissioner of the New York State Department of Correctional Services, Theodore D. Reid, Superintendent, Fishkill Correctional Facility, and Charles Scully, Defendants, Thomas A. Coughlin, III, Commissioner of the New York State Department of Correctional Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 17, 1989.

Attorney(s) appearing for the Case

Robert Selcov, Poughkeepsie, N.Y. (David C. Levin, Prisoners' Legal Services of New York, David Posner, McCabe & Mack, Poughkeepsie, New York City, of counsel), for plaintiffs-appellees.

Jo Ann M. Becker, Asst. Atty. Gen., of the State of New York, New York City (Robert Abrams, Atty. Gen. of the State of New York, New York City, of counsel), for defendant-appellant.

Before KAUFMAN, VAN GRAAFEILAND, and MINER, Circuit Judges.

KAUFMAN, IRVING R. Circuit Judge:

Penal institutions operated by the New York State Department of Correctional Services (the Commissioner or DOCS) provide inmates the opportunity to maintain tangible and healthy relationships with friends and family beyond the prison gates via a program of supervised visitation. Indeed, the New York State Constitution recognizes that inmates in New York have a fundamental right to maintain these bonds. See Cooper v. Morin,...

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