Legal Opinion
Nistal v. Hausauer
New York Court of Appeals
Decided December 31, 1954PublishedCited by 12 opinions
1Opinion of the CourtDesmond, J.
The Special Term order dismissed petitioner’s proceeding under article 78 of the Civil Practice Act on the ground that the relief demanded (compelling the issuance to petitioner by respondent of an honorable discharge from the National Guard) was beyond the jurisdiction of the court, and in the power of the Governor, only. The Appellate Division, reversing that order, denied the motion to dismiss the petition, and granted respondent leave to appeal to this court, certifying three questions as to jurisdiction of subject matter, jurisdiction over the person of respondent, and as to the…
2Cases cited6 opinions
- Orloff v. WilloughbySupreme Court of the United States · 1953
- Reid v. United StatesSupreme Court of the United States · 1909
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
- Reid v. United StatesDistrict Court, S.D. New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997
- Boling v. RockefellerNew York Supreme Court · 1967
- Lack v. KreinerAppellate Division of the Supreme Court of the State of New York · 1982
- Kolomick v. New York Air National GuardAppellate Division of the Supreme Court of the State of New York · 1996
- Rappl & Hoenig Co. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1978
7 more not listed; retrieve them via the Exa API.