Legal Opinion

Roberts v. Health & Hospitals Corp.

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 2011PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Sweeny, J.

These consolidated appeals from three CPLR article 78 proceedings once again raise the issue of the proper role of the *314Judiciary in our coordinate branch system of government. Petitioners in each action seek to involve the courts in a decision-making process that lies squarely within the purview of the executive branch. While in appropriate circumstances, the courts may intervene to review such decisions, this power must be exercised sparingly (Jones v Beame, 45 NY2d 402, 406 [1978]). In these proceedings, for the reasons to be discussed, we decline to do so.

The…

2Cases cited31 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Allen v. WrightSupreme Court of the United States · 1984
  3. Flast v. CohenSupreme Court of the United States · 1968
  4. Barrows v. JacksonSupreme Court of the United States · 1953
  5. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991

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3Cited by20 opinions

  1. Center for Independence of the Disabled v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Long Is. Power Auth. Hurricane Sandy Litig.Appellate Division of the Supreme Court of the State of New York · 2015
  3. People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2013
  4. Saska v. Metropolitan Museum of ArtNew York Supreme Court · 2013
  5. Wilner v. BeddoeNew York Supreme Court · 2011

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