Opinion
June 10, 1985
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Judgment affirmed, without costs or disbursements.
Petitioner, an inmate at Fishkill Correctional Facility, serving an indeterminate prison sentence of three years to life, commenced the instant article 78 proceeding for a judgment permitting him to be married as soon as possible. Special Term properly dismissed the petition due to petitioner's failure to exhaust available administrative remedies ( see, Matter of Patterson v. Smith, 53 N.Y.2d 98; Matter of Hall v. LeFevre, 84 A.D.2d 622).
In any event, we note that, pursuant to Civil Rights Law § 79-a Civ. Rights (1), the Superintendent of Fishkill Correctional Facility properly denied petitioner's application to marry. Contrary to petitioner's claim, it is well settled that the prohibition against marriage contained in Civil Rights Law § 79-a for those who have been convicted and sentenced to life imprisonment is neither a denial of equal protection of the laws nor cruel and unusual punishment ( see, Matter of Fitzpatrick v. Smith, 90 A.D.2d 974, affd 59 N.Y.2d 916, on mem at App. Div., cert denied 464 U.S. 963, 104 S Ct 300; Johnson v. Rockefeller, 365 F. Supp. 377, affd sub nom. Butler v. Wilson, 415 U.S. 953; Fuchs v. Fuchs, 104 Misc.2d 1143; Muessman v. Ward, 95 Misc.2d 478). Thompson, J.P., Bracken, Weinstein and Niehoff, JJ., concur.