Legal Opinion

Cohen v. State of NY

New York Court of Appeals

Decided October 14, 1999PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

This appeal by the State comes directly to this Court (CPLR 5601 [b] [2]) from a Supreme Court judgment of unconstitutionality of chapter 635 of the Laws of 1998. The Act is challenged solely on a facial basis. We reverse and declare the statute constitutional. It does not violate article III, § 6 of the State Constitution, nor does it breach the governmental separation of powers doctrine. Also, it does not impinge on other constitutional protections asserted by plaintiffs.

L

On December 18, 1998, the Legislature passed and the Governor approved chapter 635. It…

2Cases cited14 opinions

  1. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  2. Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
  3. Clark v. CuomoNew York Court of Appeals · 1985
  4. Bourquin v. CuomoNew York Court of Appeals · 1995
  5. Alliance of American Insurers v. ChuNew York Court of Appeals · 1991

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3Cited by41 opinions

  1. People v. JohnsonNew York Court of Appeals · 2025
  2. Moran Towing Corp. v. UrbachNew York Court of Appeals · 2003
  3. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 2006
  4. Langan v. St. Vincent's HospitalAppellate Division of the Supreme Court of the State of New York · 2005
  5. Roberts v. Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011

36 more not listed; retrieve them via the Exa API.

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