Legal Opinion

Maurer v. State Emergency Management Office

New York Supreme Court

Decided June 30, 2003PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

James B. Canfield, J.

Petitioners in this CPLR article 78 proceeding ask the court to treat Matter of Neary v New York State Div. of Budget (192 Misc 2d 375 [2002]) as though it were a class action lawsuit and mandamus the state respondents to grant petitioners the same relief despite the fact that petitioners did not commence *751timely certiorari proceedings of their own and are now barred by the statute of limitations from commencing their own certiorari proceedings.

Petitioners have avoided the statute of limitations problem by carefully arguing for mandamus to compel rather…

2Cases cited16 opinions

  1. Jones v. BermanNew York Court of Appeals · 1975
  2. New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
  3. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
  4. Edmead v. McGuireNew York Court of Appeals · 1986
  5. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. O'Neill v. PfauNew York Court of Appeals · 2014
  2. Maurer v. State Emergency Management OfficeAppellate Division of the Supreme Court of the State of New York · 2004
  3. O'Neill v. PfauNew York Supreme Court · 2011
  4. O'Neill v. PfauAppellate Division of the Supreme Court of the State of New York · 2012
  5. O'Neill v. PfauAppellate Division of the Supreme Court of the State of New York · 2012

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