Legal Opinion

McSpedon v. Roberts

New York Supreme Court

Decided January 19, 1983PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward H. Lehner, J.

This article 78 proceeding principally raises the issue of whether Governor Carey’s act of urging his' appointed Industrial Commissioner to repeal a regulation, the retention of which the Governor believed would have a deleterious economic impact on a segment of industry within the State, is improper pressure and a wrongful act that warrants a trial of whether the subsequent repeal was unlawful.

Petitioners seek a judgment to annul the repeal of an administrative rule (12 NYCRR Subpart 14-16). In connection therewith they request, by separate motion,…

2Cases cited6 opinions

  1. American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
  2. 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
  3. Matter of Burr v. . VoorhisNew York Court of Appeals · 1920
  4. Driscoll v. Troy Housing AuthorityNew York Court of Appeals · 1959
  5. Caristo Construction Corp. v. RubinNew York Supreme Court · 1961

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3Cited by2 opinions

  1. City of Syracuse v. State Board of Equalization & AssessmentAppellate Division of the Supreme Court of the State of New York · 1985
  2. Socci v. StoneAppellate Division of the Supreme Court of the State of New York · 1986

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