Matter of Tierney v. Cohen
New York Court of Appeals
The applications for mandamus are premature and the issues sought to be raised are not properly before the court at this time. (Matter of McCabe v. Voorhis, 243 N. Y. 401; People ex rel. Hotchkiss v. Smith, 206 N. Y. 231. The scheme of financing set forth in the local law is valid.
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The applications for mandamus are premature and the issues sought to be raised are not properly before the court at this time. (Matter of McCabe v. Voorhis, 243 N. Y. 401; People ex rel. Hotchkiss v. Smith, 206 N. Y. 231. The scheme of financing set forth in the local law is valid. (Robertson v. Zimmerman, 268. N. Y. 52; New York Steam Corp. v. City of New York, 268 N. Y. 137; Kelly v. Merry, 262 N. Y. 151.) Chapter 281 of the Laws of 1934, on the authority of which Local Law No. 25 was passed, is a clear declaration of legislative public policy in favor of public ownership and operation of…
1Opinion of the CourtHubbs, J.
The Board of Elections has appealed from an order of the Supreme Court which prohibits and restrains it from submitting to the electors of the city of New York the proposition contained in Local Law 25. That local law is alleged to have been adopted pursuant to the provisions of chapter 281 of the Laws of 1934, article 14-A of the General Municipal Law (Cons. Laws, ch. 24), which authorizes the adoption of a local law by a municipality under which it may engage in operating electric fighting plants and public utility services. The enabling statute (Ch. 281) by mandatory provision requires a…
2Cases cited3 opinions
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Robertson v. ZimmermannNew York Court of Appeals · 1935
- Gaynor v. MarohnNew York Court of Appeals · 1935
3Cited by13 opinions
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
- Murphy v. Erie CountyNew York Court of Appeals · 1971
- Whipps v. Town of GreybullWyoming Supreme Court · 1941
- 8200 Realty Corp. v. LindsayNew York Supreme Court · 1969
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