Legal Opinion

Grant v. Cuomo

New York Court of Appeals

Decided December 20, 1988PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, and the certified question answered in the affirmative.

In this case arising under the Child Welfare Reform Act of 1979 (Social Services Law § 409 et seq.), a regulation of the Department of Social Services — 18 NYCRR 430.9 — states that when standards set forth in 18 NYCRR 430.9 (c), (d) or (e) are met, "[t]he provision of preventive services shall be considered mandated”. The issue before us is whether a nondiscretionary duty is thereby imposed upon respondent city, to provide preventive…

2Cases cited4 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. Klostermann v. CuomoNew York Court of Appeals · 1984
  3. Grant v. CuomoAppellate Division of the Supreme Court of the State of New York · 1987
  4. McNulty v. New York State Tax CommissionNew York Court of Appeals · 1987

3Cited by19 opinions

  1. New York County Lawyers' Ass'n v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  2. Mixon v. GrinkerAppellate Division of the Supreme Court of the State of New York · 1990
  3. New York Civil Liberties Union v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  4. Urban Justice Center v. PatakiAppellate Division of the Supreme Court of the State of New York · 2006
  5. Matthews v. New York City Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995

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