Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
14 New York opinions name it 3 courts 1965–2017 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Perazzo v. Lindsaygreen2 sentences2009(See Matter of Community Ac tion Against Lead Poisoning v Lyons, 43 AD2d 201, 202-203 [3d Dept 1974], affd 36 NY2d 686, 688 [1975] [denying mandamus to compel the Commissioner of Health to investigate and take ongoing regulatory and enforcement action relating to lead paint hazards was denied on grounds that Court was loathe to interfere with the executive department of the government in the exercise of its official duties unless there’s a violation of the law]; Matter of Perazzo v Lindsay, 30 AD2d 179 [1st Dept 1968] [denying mandamus to compel a municipal government to take action to enforce 1988The outcome of this appeal is controlled by a long-standing principle, namely, "the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” (Gaynor v Rockefeller, 15 NY2d 120, 131 ; see also, Matter of Perazzo v Lindsay, 30 AD2d 179 , affd 23 NY2d 764 .) There is yet no mandatory ministerial duty that can be lawfully imposed upon the respondent Commissioner. | 2 | 3 |
Gaynor v. Rockefellergreen2 sentences2017(Matter of Johnson v Pataki, 91 NY2d 214 [1997].) In Mulroy v Carey ( 58 AD2d 207, 215 [4th Dept 1977], affd 43 NY2d 819 [1977]) it was held that there was no basis to review the Governor’s exercise of his superseder authority, referencing the “settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate” (citing Gaynor v Rockefeller, 15 NY2d 120, 131 [1965]). 1988The outcome of this appeal is controlled by a long-standing principle, namely, "the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” (Gaynor v Rockefeller, 15 NY2d 120, 131 ; see also, Matter of Perazzo v Lindsay, 30 AD2d 179 , affd 23 NY2d 764 .) There is yet no mandatory ministerial duty that can be lawfully imposed upon the respondent Commissioner. | 1 | 9 |
Community Action Against Lead Poisoning v. Lyonsgreen2 sentences2009(See Matter of Community Ac tion Against Lead Poisoning v Lyons, 43 AD2d 201, 202-203 [3d Dept 1974], affd 36 NY2d 686, 688 [1975] [denying mandamus to compel the Commissioner of Health to investigate and take ongoing regulatory and enforcement action relating to lead paint hazards was denied on grounds that Court was loathe to interfere with the executive department of the government in the exercise of its official duties unless there’s a violation of the law]; Matter of Perazzo v Lindsay, 30 AD2d 179 [1st Dept 1968] [denying mandamus to compel a municipal government to take action to enforce 1977Mandamus was denied in Matter of Community Action Against Lead Poisoning v Lyons ( 43 AD2d 201, 202-203 ) when the petitioners sought to compel the respondent Commissioner of Health to institute certain procedures pursuant to the Public Health Law. | 1 | 2 |
Rivergate Co. v. Board of Standards & Appeals of the City of New Yorkgreen1 sentence2017It is “the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate” (Matter of Rivergate Co. v Board of Stds. & Appeals of City of N.Y., 144 AD2d 266, 266 [1st Dept 1988], lv denied 74 NY2d 605 [1989] [internal quotation marks omitted]). | 1 | 1 |
Mulroy v. Careygreen1 sentence2017(Matter of Johnson v Pataki, 91 NY2d 214 [1997].) In Mulroy v Carey ( 58 AD2d 207, 215 [4th Dept 1977], affd 43 NY2d 819 [1977]) it was held that there was no basis to review the Governor’s exercise of his superseder authority, referencing the “settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate” (citing Gaynor v Rockefeller, 15 NY2d 120, 131 [1965]). | 1 | 1 |
Community Action Against Lead Poisoning v. Lyonsgreen1 sentence2009(See Matter of Community Ac tion Against Lead Poisoning v Lyons, 43 AD2d 201, 202-203 [3d Dept 1974], affd 36 NY2d 686, 688 [1975] [denying mandamus to compel the Commissioner of Health to investigate and take ongoing regulatory and enforcement action relating to lead paint hazards was denied on grounds that Court was loathe to interfere with the executive department of the government in the exercise of its official duties unless there’s a violation of the law]; Matter of Perazzo v Lindsay, 30 AD2d 179 [1st Dept 1968] [denying mandamus to compel a municipal government to take action to enforce | 1 | 1 |
Perazzo v. Lindsaygreen1 sentence1988The outcome of this appeal is controlled by a long-standing principle, namely, "the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” (Gaynor v Rockefeller, 15 NY2d 120, 131 ; see also, Matter of Perazzo v Lindsay, 30 AD2d 179 , affd 23 NY2d 764 .) There is yet no mandatory ministerial duty that can be lawfully imposed upon the respondent Commissioner. | 1 | 1 |
Hamptons Hospital & Medical Center, Inc. v. Mooregreen1 sentence1984Center v Moore, 52 NY2d 88, 96.) “It is the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” (Gaynor v Rockefeller, 15 NY2d 120, 131 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gaynor v. Rockefeller
green
2 sentences1977The power and the responsibility are his, and his only.’ In Gaynor v Rockefeller ( 21 AD2d 92, 98 , affd 15 NY2d 120, 131 ) Justice Stevens wrote in the Appellate Division, 'The * * * Governor of the State "is immune from interference by judicial process and free from judicial control in his performance of executive powers” ’, and in the Court of Appeals Judge Fuld wrote, 'It is the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.’ * * * "No instanc 1977The power and the responsibility are his, and his only.” In Gaynor v Rockefeller ( 21 AD2d 92, 98 , affd 15 NY2d 120, 131 ) Justice Stevens wrote in the Appellate Division, "The * * * Governor of the State 'is immune from interference by judicial process and free from judicial control in his performance of executive powers’ ”, and in the Court of Appeals Judge Fuld wrote, "It is the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” The expressions b | 2 | 1977–1977 |
Mulroy v. Carey
green
1 sentence2017(Matter of Johnson v Pataki, 91 NY2d 214 [1997].) In Mulroy v Carey ( 58 AD2d 207, 215 [4th Dept 1977], affd 43 NY2d 819 [1977]) it was held that there was no basis to review the Governor’s exercise of his superseder authority, referencing the “settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate” (citing Gaynor v Rockefeller, 15 NY2d 120, 131 [1965]). | 1 | 2017–2017 |
MATTER OF JOHNSON v. Pataki
green
1 sentence2017(Matter of Johnson v Pataki, 91 NY2d 214 [1997].) In Mulroy v Carey ( 58 AD2d 207, 215 [4th Dept 1977], affd 43 NY2d 819 [1977]) it was held that there was no basis to review the Governor’s exercise of his superseder authority, referencing the “settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate” (citing Gaynor v Rockefeller, 15 NY2d 120, 131 [1965]). | 1 | 2017–2017 |
National Equipment Corp. v. Ruiz
green
1 sentence2009Corp. v Ruiz, 19 AD3d 5 [1st Dept 2005] [where the duty sought to be compelled involves the exercise of discretion or judicial power, mandamus may not be employed to direct the decisionmaker to decide in a particular manner].) Accordingly, as the Superintendent’s power to act against any carriers for their claims settlement practices is at the discretion of the Superintendent, mandamus will not lie. | 1 | 2009–2009 |
Vanilla v. Moran
green
1 sentence1972(Vanilla v. Moran, 188 Misc. 325 , affd. 272 App. Div. 859 ; Gaynor v. Rockefeller, 15 N Y 2d 120; Matter of Gournet v. Lefkowitz, 27 A D 2d 809.) The allegations of the complaint raise the question of whether the appropriation bills submitted by the defendant to the Legislature are in compliance with constitutional requirements, and thus, it is properly before the court. | 1 | 1972–1972 |
People ex rel. Clapp v. Listman
neutral
1 sentence1968Clapp v. Listman, 40 Misc. 372 , affd. 84 App. Div. 633 ; cf. R. v. Metropolitan Police Comr., [1968] 1 All E.R 763.) “ It is the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” (Gaynor v. Rockefeller, 15 N Y 2d 120, 131). | 1 | 1968–1968 |
People ex rel. Clapp v. Listman
green
1 sentence1968Clapp v. Listman, 40 Misc. 372 , affd. 84 App. Div. 633 ; cf. R. v. Metropolitan Police Comr., [1968] 1 All E.R 763.) “ It is the settled policy of the courts not to review the exercise of discretion by public officials in the enforcement of State statutes, in the absence of a clear violation of some constitutional mandate.” (Gaynor v. Rockefeller, 15 N Y 2d 120, 131). | 1 | 1968–1968 |
Lewis v. Lefkowitz
green
1 sentence1965(See People v. Ballard, 134 N. Y. 269, 293 ; Matter of Lewis v. Lefkowitz, 32 Misc 2d 434 , affd. 17 A D 2d 778.) No basis is here shown for charging the State or City with being a party to the denial to the plaintiffs of the equal protection of the laws in violation of Federal or State constitutional guarantees. | 1 | 1965–1965 |
People v. . Ballard
green
1 sentence1965(See People v. Ballard, 134 N. Y. 269, 293 ; Matter of Lewis v. Lefkowitz, 32 Misc 2d 434 , affd. 17 A D 2d 778.) No basis is here shown for charging the State or City with being a party to the denial to the plaintiffs of the equal protection of the laws in violation of Federal or State constitutional guarantees. | 1 | 1965–1965 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.