green
Positive treatment
4.0 score
Treatment trajectory · 1962 → 2026 · click a year to view as-of
1962
1994
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited "see"
In re Daniel C.
Chief Judge Breitel, speaking for a unanimous court, had this to say when faced with a similar argument: “It has been said often, but with less than meticulous analysis, that an ‘unambiguous’ statute permits of no inquiry into legislative intention (see, e.g., McCluskey v Cromwell, 11 NY 593, 601 ; accord, e.g., Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293, 304 , app dsmd 368 US 12 ; see, generally, McKinney’s Cons Laws of NY, Book 1, Statutes, § 120).
discussed
Cited "see"
Klein v. City of Yonkers
Moreover, as we held in New York State Bankers Assn. v Albright ( 38 NY2d 430, 436 ): “It has been said often, but with less than meticulous analysis, that an ‘unambiguous’ statute permits of no inquiry into legislative intention (see, e.g., McCluskey v Cromwell, 11 NY 593, 601 ; accord, e.g., Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293, 304 , app dsmd 368 US 12 ; see, generally, McKinney’s Cons Laws of NY, Book 1, Statutes, § 120).
discussed
Cited "see"
Bennett v. County of Nassau
As Chief Judge Breitel said in New York State Bankers Assn. v Albright ( 38 NY2d 430, 436-437 ): "It has been said often, but with less than meticulous analysis, that an 'unambiguous’ statute permits of no inquiry into legislative intention (see, e.g., McCluskey v Cromwell, 11 NY 593, 601 ; accord, e.g., Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293, 304 , app dsmd 368 US 12 ; see, generally, McKinney’s Cons Laws of NY, Book 1, Statutes, § 120).
discussed
Cited "see"
New York State Bankers Ass'n v. Albright
It has been said often, but with less than meticulous analysis, that an "unambiguous” statute permits of no inquiry into legislative intention (see, e.g., McCluskey v Cromwell, 11 NY 593, 601 ; accord, e.g., Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293, 304 , app dsmd 368 US 12 ; see, generally, McKinney’s Cons Laws of NY, Book 1, Statutes, § 120).
discussed
Cited "see"
Pennsylvania RR Co. v. State of NY
X, § 1; General Corporation Law, § 5; see Matter of Roosevelt Raceway v. Monaghan, 9 N Y 2d 293, 307-308, app. dsmd. 368 U. S. 12 ; Beloff v. Consolidated Edison Co., 300 N. Y. 11, 19 ; Matter of Mount Sinai Hosp., 250 N. Y. 103, 110 ; Close v. Glenwood Cemetery, 107 U. S. 466, 476 .) The judgment appealed from should be affirmed, with costs.
discussed
Cited "see"
Pennsylvania Railroad v. State
(Beloff v. Consolidated Edison Co. of N. Y., 300 N. Y. 11, 19 .) Under the reserved power noted, the Legislature could do anything that it could have done if the United States Constitution contained no provision prohibiting State legislation impairing the obligation of contracts, and such reserved power ‘ ‘ prevents the charter from becoming a contract between the State and corporation protected from impairment by the Constitution.” (Matter of Mount Sinai Hosp., 250 N. Y. 103, 110 ; see Matter of Roosevelt Raceway v. Monaghan, 9 N Y 2d 293 [appeal dismissed for want of a substantial Fede…
discussed
Cited "see, e.g."
In re Lemner
SCPA 1759 (2) unambiguously requires the court to conduct a hearing upon a petition for review pursuant to SCPA 1754 (see, 2B Warren’s Heaton, Surrogate’s Courts § 216-F [1] [b], at 58; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293, 304 , appeal dismissed 368 US 12 ).
Retrieving the full opinion text from the archive…
Roosevelt Raceway, Inc.,
v.
Monaghan, Commissioner of Harness Racing
v.
Monaghan, Commissioner of Harness Racing
299.
Supreme Court of the United States.
Oct 16, 1961.
Samuel I. Rosenman, George Morton Levy and Max Freund for appellant., Louis J. Lejkowitz, Attorney General of New York, and Paxton Blair, Solicitor General, for appellee.
Harlan.
Cited by 26 opinions | Published
Per Curiam.
The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.
Mr. Justice Harlan would note probable jurisdiction.