Opinion
May 20, 1993
Appeal from the Supreme Court, Clinton County (Feldstein, J.).
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 interest". We have held that prison officials have the right to "control the property and possessions within the prison under their supervision" (Matter of Blades v Twomey, 159 A.D.2d 868, 869). The record reveals that possession of Tarot cards has been consistently denied by correctional authorities. Moreover, petitioner has failed to articulate any sincere religious conviction on his part which would implicate 1st Amendment rights.
Mikoll, J.P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.