Legal Opinion
Frank H. Hiscock Legal Aid Society v. Hennessy
New York Supreme Court
Decided December 10, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas Aloi, J.
Both parties request summary judgment pursuant to CPLR 3212, and defendant also moves for dismissal pursuant to CPLR 3211 (subd [a], pars 7, 3) on the grounds that the complaint fails to state a cause of action and that plaintiff lacks capacity to sue.
Plaintiff is a legal services organization which represents over 1,000 indigent criminal defendants each year in City Court, City of Syracuse. Defendant is the District Attorney of Onondaga County. By affidavit of its staff attorneys, plaintiff alleges that defendant unlawfully conditions consent to…
2Cases cited12 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
- National Organization for Women v. State Division of Human RightsNew York Court of Appeals · 1974
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3Cited by3 opinions
- MFY Legal Services, Inc. v. DudleyNew York Court of Appeals · 1986
- People v. WilmotCriminal Court of the City of New York · 1980
- People v. CunninghamCriminal Court of the City of New York · 1980