Brown v. State of New York
New York Court of Appeals
1DissentBellacosa, J.
Because the dismissal of this entire case against the State by the Court of Claims and the Appellate Division is the justifiable result, I respectfully dissent. The synopsis for my vote to affirm is:
• The New York Constitution grants the Legislature the responsibility to define the subject-matter jurisdiction of the Court of Claims;
• Duly considered and enacted statutes expressly pre*198scribe and implement that power and forbid implied State liability;
The judicial inferential interpretive method is neither supportable nor suitable for the resolution of this preanswer dispute, in which the Court…
2Cases cited43 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Farmer v. BrennanSupreme Court of the United States · 1994
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Monroe v. PapeSupreme Court of the United States · 1961
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