Sweeney v. Cannon, 282 N.E.2d 332 (NY 1972). · Go Syfert
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Sweeney v. Cannon, 282 N.E.2d 332 (NY 1972). Cases Citing This Book View Copy Cite
20 citation events (1 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) McKechnie v. Ortiz
N.Y. App. Div. · 1987 · confidence medium
(Lanza v Wagner, 11 NY2d 317, 334 [1962].) The court, in that case, should direct entry of a judgment in favor of the defendants, declaring what the court finds the law to be (Sweeney v Cannon, 30 NY2d 633, 634 [1972]).
Retrieving the full opinion text from the archive…
Daniel T. Sweeney, on Behalf of Himself and All Other Persons Similarly Situated, Appellant,
v.
Raymond J. Cannon, as Clerk of the Court of Appeals of the State of New York, Respondent
New York Court of Appeals.
Mar 16, 1972.
282 N.E.2d 332
Eli Wager, David M. Shane, Jerome H. Ehrlich, Eugene S. Ginsberg and Daniel T. Sweeney, pro se, for appellant., Louis J. Lefhowits, Attorney-General (Philip Weinberg, Samuel A. Hirshowits and Joel Lewittes of counsel), for respondent.
Cited by 20 opinions  |  Published

Lead Opinion

We agree with the Appellate Division, and for the reasons set forth in its opinion, that section 467-a of the Judiciary Law (L. 1963, ch. 204) is constitutional. However, since this is an action for a declaratory judgment, that court, instead of dismissing the complaint, should have made a declaration as to the constitutionality of the challenged section. (See, e.g., Lanza v. Wagner, 11 N Y 2d 317, 334; Fhagen v. Miller, 36 A D 2d 926, 927, affd. 29 N Y 2d 348.) The order appealed from should be modified, without costs, to the extent of directing judgment in favor of defendant, declaring that section 467-a of the Judiciary Law is constitutional and, except as so modified, affirmed.

Concurrence

Concur: Chief Judge Fttld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.