Legal Opinion · Dissent
Prospect v. Cohalan
New York Court of Appeals
Decided July 9, 1985Published
1DissentTitone, J.
The issue before us is not whether Executive Law § 23 (1) confers ultimate responsibility for the promulgation of a disaster preparedness plan upon the executive branch or the legislative branch of county government, for the challenged executive order does not purport to promulgate such a plan. It simply directs the Commissioner of Police and the Commissioner of Planning to study a proposed plan that is not in effect and may never go into effect. The real question, then, concerns the proper role of the judiciary in this emotionally charged dispute. Because the County Executive clearly…
2Cases cited14 opinions
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
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