Amsterdam City Hospital v. Hoffman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
Before the innovation in the practice made in 1937 by the enactment of article 78 of the Civil Practice Act (L. 1937, ch. 526), there was no Statute of Limitations on mandamus. The timeliness of the former writ and of the later (1920) order of mandamus was regulated judicially. There is today a nominal statutory limitation of time on the institution of the present successor to mandamus; but the control of the subject rests so completely in the hands of the petitioner that there is in effect no limitation.
The statute, which has been given its literal meaning in the course of judicial…
2Cases cited8 opinions
- Matter of Williams v. MortonNew York Court of Appeals · 1948
- People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894
- Matter of O'Connell v. KernNew York Court of Appeals · 1942
- Williams v. PyrkeAppellate Division of the Supreme Court of the State of New York · 1931
- People ex rel. McDonald v. LantryAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by30 opinions
- Devens v. GokeyAppellate Division of the Supreme Court of the State of New York · 1961
- Perry v. BlairAppellate Division of the Supreme Court of the State of New York · 1975
- Foy v. BrennanAppellate Division of the Supreme Court of the State of New York · 1955
- Central School District No. 2 of Towns of Coeymans v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1967
- Thomas v. StoneAppellate Division of the Supreme Court of the State of New York · 2001
25 more not listed; retrieve them via the Exa API.