judiciary violation in New York

2010This argument is premised exclusively on the Supreme Court's holding in Hatter ( 532 US 557 [2001], supra ), which involved a Social Security tax law that, at the time of its enactment, mandated that all newly-hired federal employees participate in the Social Security program.

2010This argument is premised exclusively on the Supreme Court’s holding in Hatter ( 532 US 557 [2001], supra), which involved a Social Security tax law that, at the time of its enactment, mandated that all newly-hired federal employees participate in the Social Security program.

1980It is for a Legislature and not the judiciary to bar separate trial by different States or by a State and the Federal Government (see Bartkus v Illinois, 359 US 121 ).

1977In conclusion, I voice some disagreement with the premise enunciated in Millard v Harris (406 F2d 964), and quoted both in Matter of Miller (Sherman) ( 46 AD2d 177, 181 ) and in the majority opinion, namely, that "’once a man has shown himself to be dangerous, it is all but impossible for him to prove the negative that he is no longer a menace.’” Implicit in such pessimistic and defeatist language is the suggestion that members of the judiciary hearing these matters have imposed, and will invariably impose, an impossible burden upon a detainee seeking his release.

1969Primary reliance is placed on Matter of Murchison ( 349 U. S. 133 , supra) a criminal contempt case that is clearly distinguishable from the removal proceeding in the Court on the Judiciary.

1962(Matter of Schoenstein v. McGoldrick, 279 App. Div. 395 .) Plaintiff’s attorneys challenge the right of the State Bent Commission to unlimited review of its orders, contending that it is violative of fundamental law in that there possibly would be no finality to its orders and, moreover, such action would displace the judiciary in violation of the Constitution.