Posner v. Levitt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSimons, J.
This is an appeal from an order and judgment of the Supreme 'Court, entered in Albany County, which granted a motion by respondent to dismiss appellants’ petition seeking relief under article 78 of the -CPLR on the grounds of legal insufficiency, and dismissed the proceeding.
The appellants having failed to sustain a challenge to the constitutionality of a State budget because they lacked standing (see Matter of Posner v. Rockefeller, 26 N Y 2d 970), now seek by way of mandamus to compel the respondent Comptroller to do so. The issue is not, as appellants claim, whether the Comptroller has…
2Cases cited6 opinions
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- Cortellini v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Elmira Advertiser Ass'n v. GormanAppellate Division of the Supreme Court of the State of New York · 1915
- People Ex Rel. Elmira Advertiser Association v. . GormanNew York Court of Appeals · 1918
- Goldberg v. WagnerNew York Supreme Court · 1957
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3Cited by25 opinions
- Hebel v. WestAppellate Division of the Supreme Court of the State of New York · 2005
- Peirez v. CasoAppellate Division of the Supreme Court of the State of New York · 1979
- Raysor v. SternAppellate Division of the Supreme Court of the State of New York · 1979
- Baum v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1983
- Bottillo v. StateAppellate Division of the Supreme Court of the State of New York · 1976
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