Legal Opinion
Spence v. N.Y.S. Dep't of Agric. & Mkts.
Court for the Trial of Impeachments and Correction of Errors
Decided September 18, 2018No. 128 SSM 16PublishedCited by 5 opinions
1Opinion of the Court
***992On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order, insofar as appealed from, affirmed, without costs. The challenged policy has not been shown to be unconstitutional (see United States Civ. Serv. Commn. v. National Assn. of Letter Carriers , 413 U.S. 548, 564, 93 S.Ct. 2880, 37 L.Ed.2d 796 [1973] ; see also United States v. National Treasury Employees Union , 513 U.S. 454, 467, 115 S.Ct. 1003, 130 L.Ed.2d 964 [1995] ).
Chief Judge DiFiore and Judges Stein, Fahey, Garcia and Feinman concur. Judge Rivera dissents in an…
2Cases cited19 opinions
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
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3Cited by5 opinions
- Matter of Whitfield v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Whitfield v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of 2-4 Kieffer Lane LLC v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Liu v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Spence v. New York State Dept. of Agric. & Mkts.New York Court of Appeals · 2018