Governor objection (New York) · Go Syfert
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Governor objection in New York

6 New York opinions name it 3 courts 1921–2009 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.

Followed or applied (1)

CaseFollowedCited
Doe v. Axelrodgreen
ny · 1988 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009A preliminary injunction may issue if the movant demonstrates, by clear and convincing evidence, (1) a likelihood of ultimate success on the merits; (2) irreparable injury absent the granting of the preliminary injunction; and (3) that a balancing of the equities favors the moving party (see Doe v Axelrod, 73 NY2d 748, 750 [1988]; Gluck v Hoary, 55 AD3d 668 [2008]).

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 (7)

CaseCitedYears
Gluck v. Chevre Liady Nusach Hoary green
nyappdiv · 2008
1 sentence

2009A preliminary injunction may issue if the movant demonstrates, by clear and convincing evidence, (1) a likelihood of ultimate success on the merits; (2) irreparable injury absent the granting of the preliminary injunction; and (3) that a balancing of the equities favors the moving party (see Doe v Axelrod, 73 NY2d 748, 750 [1988]; Gluck v Hoary, 55 AD3d 668 [2008]).

12009–2009
Silver v. Pataki green
ny · 2001
1 sentence

2003Litigation ensued over the Governor’s challenge to the Speaker’s standing and capacity to sue, which resulted in a July 2001 Court of Appeals ruling in the Speaker’s favor (see Silver v Pataki, 96 NY2d 532 [2001]).

12003–2003
In re Kaufman neutral
nyappdiv · 1985
1 sentence

2000However, capacity must be found based on an express legal grant of capacity or on a necessary implication from a grant of other legal powers (Tinterorias Ibericas De Peleteria v Gafco, Inc., 114 AD2d 329 ; Regan v Cuomo, 182 AD2d 1060, 1061 ).

12000–2000
Regan v. Cuomo neutral
nyappdiv · 1992
1 sentence

2000However, capacity must be found based on an express legal grant of capacity or on a necessary implication from a grant of other legal powers (Tinterorias Ibericas De Peleteria v Gafco, Inc., 114 AD2d 329 ; Regan v Cuomo, 182 AD2d 1060, 1061 ).

12000–2000
Connolly v. Scudder neutral
nyappdiv · 1928
1 sentence

1932The exercise of the power of removal by the Governor requires a hearing. “ A hearing imports the presence of the accused, with full opportunity to cross-examine witnesses produced to support the charges, the right to be represented by counsel and to present witnesses to refute the charges.” (Matter of Connolly v. Scudder, 222 App. Div. 591, at p. 595 .) Justice to an accused public officer, by many decisions of the State in removal proceedings of local officers, has been held to require a fair trial, and one where the opportunity exists to be faced by the witnesses and subject the credibility

11932–1932
Illinois Ex Rel. McNichols v. Pease green
scotus · 1907
1 sentence

1927Pro. sec. 827; McNichols v. Pease, 207 U. S. 100, p. 108 ); and refusing his warrant, the magistrate subsequently released the bail and discharged the prisoner.

11927–1927
Matter of Case green
ny · 1915
1 sentence

1921Matter of Case, 214 N. Y. 199 .

11921–1921

Where else courts name it

CA 10 (1978–2024) NY 6 (1921–2009) PA 5 (1987–2017) OK 5 (1963–2014) IL 4 (1976–2021) MI 4 (1970–2021) AZ 3 (1940–1997) MA 3 (2002–2025) RI 3 (1991–2026) CO 3 (1991–2020) AL 3 (1950–2005) WI 3 (2006–2021) IN 3 (1941–2012) NC 3 (2018–2026) TX 2 (2015–2023) MD 2 (2019–2019) NJ 2 (2024–2024)

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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