MATTER OF MARCELIN v. COUGHLIN


193 A.D.2d 981 (1993)

598 N.Y.S.2d 354

In the Matter of Harvey Marcelin, Appellant, v. Thomas A. Coughlin, as Commissioner of Correctional Services of the State of New York, et al., Respondents

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

May 20, 1993


Petitioner commenced this CPLR article 78 proceeding claiming that the denial of his right to possess Tarot cards in prison infringes on the exercise of his religious belief and, therefore, violates his rights under the 1st Amendment. In his brief on appeal, however, petitioner does not advance a religious intent with respect to possessing the Tarot cards, but simply claims that he should be allowed to keep the Tarot cards for his own "edification, recreation and deep personal...

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