procedural vehicle challenge (New York) · Go Syfert
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procedural vehicle challenge in New York

14 New York opinions name it 2 courts 1976–2024 1 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.

Followed or applied (9)

CaseFollowedCited
Cohen v. Suffolk County Board of Electionsgreen
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

33
Munnelly v. Newkirkgreen
nyappdiv · 1999 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

33
MATTER OF MUNNELLY v. Newkirkgreen
ny · 1999 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

33
Essenberg v. Kreskygreen
nyappdiv · 1999 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

2013The weighted voting procedure used at the meeting was required by statute (see § 2-104 [1]; see generally Cohen, 83 AD3d at 1063-1064 ), and the proper procedural vehicle to challenge the redistricting plan was a CPLR article 78 proceeding, not a proceeding pursuant to article 16 of the Election Law (see generally Matter of Munnelly v Newkirk, 262 AD2d 781, 782 [1999], affd 93 NY2d 960 [1999]; Matter of Essenberg v Kresky, 265 AD2d 664, 666-667 [1999]).

23
Gress v. Browngreen
ny · 2012 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013Petitioners may not use the Election Law to advance an otherwise time-barred CPLR article 78 claim (see generally Gress v Brown, 20 NY3d 957, 959-960 [2012]).

2013Petitioners may not use the Election Law to advance an otherwise time-barred CPLR article 78 claim (see generally Gress v Brown, 20 NY3d 957, 959-960 [2012]).

23
Dun & Bradstreet, Inc. v. City of New Yorkgreen
ny · 1937 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011Plaintiffs challenges involve constitutional questions, as well as the meaning of various sections of County Law article 18-B (see Matter of Morgenthau v Erlbaum, 59 NY2d 143, 150 [1983], cert denied 464 US 993 [1983]; Dun & Bradstreet, Inc. v City of New York, 276 NY 198, 206 [1937]).

2011We also reject defendants’ contention that the declaratory judgment cause of action is not the proper procedural vehicle to challenge the ACP Plan. -4- 1275 CA 11-00086 Plaintiff’s challenges involve constitutional questions, as well as the meaning of various sections of County Law article 18-B (see Matter of Morgenthau v Erlbaum, 59 NY2d 143, 150 , cert denied 464 US 993 ; Dun & Bradstreet, Inc. v City of New York, 276 NY 198, 206 ).

12
Morgenthau v. Erlbaumgreen
ny · 1983 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011Plaintiffs challenges involve constitutional questions, as well as the meaning of various sections of County Law article 18-B (see Matter of Morgenthau v Erlbaum, 59 NY2d 143, 150 [1983], cert denied 464 US 993 [1983]; Dun & Bradstreet, Inc. v City of New York, 276 NY 198, 206 [1937]).

2011We also reject defendants’ contention that the declaratory judgment cause of action is not the proper procedural vehicle to challenge the ACP Plan. -4- 1275 CA 11-00086 Plaintiff’s challenges involve constitutional questions, as well as the meaning of various sections of County Law article 18-B (see Matter of Morgenthau v Erlbaum, 59 NY2d 143, 150 , cert denied 464 US 993 ; Dun & Bradstreet, Inc. v City of New York, 276 NY 198, 206 ).

12
Greystone Mgmt. Corp. v. Conciliation & Appeals Bd. of the City of New Yorkgreen
ny · 1984 · cited in 1 New York opinions naming this issue, 2000–2000
1 sentence

2000Corp. v Conciliation & Appeals Bd., 62 NY2d 763, 765 [1984]).

11
Koslow v. Morrisongreen
nysupct · 1956 · cited in 1 New York opinions naming this issue, 1982–1982
1 sentence

1982(Matter of Koslow v Morrison, 4 Misc 2d 158, 163, citing Matter of Bernoff v Amoroso, 188 Misc 845, 846 .) The court holds that the petition brought under CPLR article 78 is an appropriate procedural vehicle to test the performance or nonperformance of official duties.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (18)

CaseCitedYears
County of Rockland v. U. S. Nuclear Regulatory Commission green
scotus · 1983
2 sentences

2011Plaintiffs challenges involve constitutional questions, as well as the meaning of various sections of County Law article 18-B (see Matter of Morgenthau v Erlbaum, 59 NY2d 143, 150 [1983], cert denied 464 US 993 [1983]; Dun & Bradstreet, Inc. v City of New York, 276 NY 198, 206 [1937]).

2011We also reject defendants’ contention that the declaratory judgment cause of action is not the proper procedural vehicle to challenge the ACP Plan. -4- 1275 CA 11-00086 Plaintiff’s challenges involve constitutional questions, as well as the meaning of various sections of County Law article 18-B (see Matter of Morgenthau v Erlbaum, 59 NY2d 143, 150 , cert denied 464 US 993 ; Dun & Bradstreet, Inc. v City of New York, 276 NY 198, 206 ).

22011–2011
Press v. County of Monroe green
ny · 1980
2 sentences

1993Although a declaratory judgment action is the proper procedural vehicle to challenge the constitutionality of a legislative enactment (see, Press v County of Monroe, 50 NY2d 695 ; Axelrod v New York State Teachers’ Retirement Sys., 154 AD2d 827 ), a CPLR article 78 proceeding is proper when determining whether a legislative enactment has been applied in an unconstitutional manner (see, Matter of Top Tile Bldg.

1989Since it is well settled that a declaratory judgment action is the proper procedural vehicle to challenge the constitutionality of a statute (see, Press v County of Monroe, 50 NY2d 695, 702 ), Supreme Court incorrectly characterized plaintiffs’ allegations as a CPLR article 78 proceeding.

21989–1993
Charwat v. Kustas neutral
nyappdiv · 1996
1 sentence

2024"The appropriate vehicle to review allegations sounding in improper administrative determinations and actions by [governmental agencies] is a CPLR article 78 proceeding" ( Charwat v Kustas , 233 AD2d 288, 288 ).

12024–2024
James v. Alderton Dock Yards, Ltd. green
ny · 1931
1 sentence

1997Notwithstanding that a declaratory judgment action is the appropriate procedural vehicle to challenge the constitutionality of a statute or ordinance (see, e.g., Board of Educ. v Gootnick, 49 NY2d 683 ), in this case it is premature to attempt to determine the constitutionality of the challenged ordinance insofar as the plaintiffs may obtain adequate relief in the event that an actual controversy related to the enforcement of the ordinance may one day arise (see, James v Alderton Dock Yards, 256 NY 298 ; Cherry v Koch, 126 AD2d 346 ).

11997–1997
Cherry v. Koch green
nyappdiv · 1987
1 sentence

1997Notwithstanding that a declaratory judgment action is the appropriate procedural vehicle to challenge the constitutionality of a statute or ordinance (see, e.g., Board of Educ. v Gootnick, 49 NY2d 683 ), in this case it is premature to attempt to determine the constitutionality of the challenged ordinance insofar as the plaintiffs may obtain adequate relief in the event that an actual controversy related to the enforcement of the ordinance may one day arise (see, James v Alderton Dock Yards, 256 NY 298 ; Cherry v Koch, 126 AD2d 346 ).

11997–1997
Board of Education v. Gootnick green
ny · 1980
1 sentence

1997Notwithstanding that a declaratory judgment action is the appropriate procedural vehicle to challenge the constitutionality of a statute or ordinance (see, e.g., Board of Educ. v Gootnick, 49 NY2d 683 ), in this case it is premature to attempt to determine the constitutionality of the challenged ordinance insofar as the plaintiffs may obtain adequate relief in the event that an actual controversy related to the enforcement of the ordinance may one day arise (see, James v Alderton Dock Yards, 256 NY 298 ; Cherry v Koch, 126 AD2d 346 ).

11997–1997
Top Tile Building Supply Corp. v. New York State Tax Commission green
nyappdiv · 1983
1 sentence

1993Supply Corp. v New York State Tax Commn., 94 AD2d 885 , appeal dismissed 60 NY2d 653 , appeal dismissed 465 US 1095 ).

11993–1993
Top Tile Building Supply Corp. v. New York State Tax Commission green
scotus · 1984
1 sentence

1993Supply Corp. v New York State Tax Commn., 94 AD2d 885 , appeal dismissed 60 NY2d 653 , appeal dismissed 465 US 1095 ).

11993–1993
Axelrod v. New York State Teachers' Retirement System green
nyappdiv · 1989
1 sentence

1993Although a declaratory judgment action is the proper procedural vehicle to challenge the constitutionality of a legislative enactment (see, Press v County of Monroe, 50 NY2d 695 ; Axelrod v New York State Teachers’ Retirement Sys., 154 AD2d 827 ), a CPLR article 78 proceeding is proper when determining whether a legislative enactment has been applied in an unconstitutional manner (see, Matter of Top Tile Bldg.

11993–1993
Top Tile Building Supply Corp. v. New York State Tax Commission neutral
ny · 1983
1 sentence

1993Supply Corp. v New York State Tax Commn., 94 AD2d 885 , appeal dismissed 60 NY2d 653 , appeal dismissed 465 US 1095 ).

11993–1993
Kovarsky v. Housing & Development Administration green
ny · 1972
1 sentence

1988Admin., 31 NY2d 184, 191 ; Matter of Overhill Bldg.

11988–1988
Blank v. Premium Gas Service, Inc. green
nyappdiv · 1981
1 sentence

1982Although this court is of the opinion that a declaratory judgment action rather than an article 7 proceeding would be the appropriate vehicle for a constitutional attack upon a statute, Matter of Harley v Assessor of Town of Hoosick ( 80 AD2d 929 ) holds that an article 7 proceeding is a proper procedural vehicle to challenge the constitutionality of a section of the Real Property Tax Law.

11982–1982
Artis v. Keegan green
nysupct · 1974
1 sentence

1982(Artis v Keegan, 77 Misc 2d 638 ; Matter of Davis v Shep ard, 92 Misc 2d 181 .) The first objection in point of law is disallowed.

11982–1982
Davis v. Shepard green
nysupct · 1977
1 sentence

1982(Artis v Keegan, 77 Misc 2d 638 ; Matter of Davis v Shep ard, 92 Misc 2d 181 .) The first objection in point of law is disallowed.

11982–1982
Bernoff v. Amoroso green
· 1946
1 sentence

1982(Matter of Koslow v Morrison, 4 Misc 2d 158, 163, citing Matter of Bernoff v Amoroso, 188 Misc 845, 846 .) The court holds that the petition brought under CPLR article 78 is an appropriate procedural vehicle to test the performance or nonperformance of official duties.

11982–1982
Greene v. Smith green
nyappdiv · 1976
1 sentence

1976The subject is ordered held 15 months with an up-to-date psychiatric report.” CPLR article 78, not habeas corpus, is the proper procedural vehicle to challenge the validity of an administrative act or failure to act (Matter of Greene v Smith, 52 AD2d 292 , app dsmd 40 NY2d 826 ).

11976–1976
Watkins v. Caldwell green
nyappdiv · 1976
1 sentence

1976However, treating relator’s petition as though it were an article 78 proceeding (CPLR 103, subd [c]), we find that the reasons given for denial of parole, other than adverse community reaction, were meaningful and a fair statement of a reasonable basis for denial of relator’s release on parole (see Matter of Watkins v Caldwell, 54 AD2d 42 [Sept. 24, 1976]).

11976–1976
People Ex Rel. Ward v. Smith neutral
ny · 1976
1 sentence

1976The subject is ordered held 15 months with an up-to-date psychiatric report.” CPLR article 78, not habeas corpus, is the proper procedural vehicle to challenge the validity of an administrative act or failure to act (Matter of Greene v Smith, 52 AD2d 292 , app dsmd 40 NY2d 826 ).

11976–1976

Statutes the citing opinions construe

NY § N.Y. Election Law § 16-102 (3) NY § N.Y. Election Law § 2-104 (3) NY § N.Y. Public Officers Law § 107 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 29 (1991–2018) NY 14 (1976–2024) LA 13 (1976–2022) TX 13 (2000–2025) FL 9 (1983–2022) CA 3 (2005–2021) OH 3 (1990–2004) KS 3 (2016–2021) NV 2 (1995–1999) MD 2 (2015–2018) NC 2 (2022–2022) AL 2 (2023–2025)

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.

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