Mancuso v. Koch

Order and judgment (one paper) of the Supreme Court, New York County (Herman Cahn, J.), entered on or about August 22, 1988, which granted respondents’ motion to dismiss a petition brought pursuant to CPLR article 78 to set aside a protocol on the ground that the issues raised are not justiciable, unanimously affirmed, without costs.

The protocol issued by the Mayor of the City of New York, ordering coordinated responses for four categories of emergen*210cies, concerns a matter of public safety and is nonjusticiable because it would "embroil the judiciary in the management and operation” of the…