Legal Opinion
Babigan v. Wachtler
New York Supreme Court
Decided July 25, 1986PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Shorter, J.
This action, commenced by an unsuccessful applicant for the position of Housing Judge in the New York City Civil Court alleges that Housing Judges of the New York City Civil Court are full-fledged Judges. Plaintiff claims that the power *112to appoint Judges is a function of the executive branch of government, yet CCA 110 (f) provides for the appointment of Housing Judges by a member of the judiciary, the Administrative Judge. This, plaintiff contends, is a violation of the doctrine of separation of powers. Plaintiff seeks a declaratory judgment declaring…
2Cases cited15 opinions
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Rankin v. ShankerNew York Court of Appeals · 1968
- Bright Homes, Inc. v. WrightNew York Court of Appeals · 1960
- Seitz v. DrogheoNew York Court of Appeals · 1967
- Harbolic v. BergerNew York Court of Appeals · 1977
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3Cited by3 opinions
- Pappas v. Greek Orthodox Archdiocese of North & South AmericaAppellate Division of the Supreme Court of the State of New York · 2006
- Babigan v. WachtlerAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ScalzaNew York Court of Appeals · 1990