Legal Opinion · Dissent
Claim of Toomey v. New York State Legislature
New York Court of Appeals
Decided March 8, 1957Published
1DissentFroessel, J.
We are here called upon to decide whether an Assemblyman comes within the scope of group 16, subdivision 1, section 3, of the Workmen’s Compensation Law, which provides that said law applies to £ £ Any employment by the state.” The Workmen’s Compensation Board has held that he does not, that our Constitution vests in the Senate and the Assembly all the legislative power of the State, and that in that aspect “ they are the State, and presumably not its employees ”. The Appellate Division affirmed. We do not agree.
“We, the People of the State of New York * # * do establish this Constitution ’…
2Cases cited7 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Matter of Wilson v. General Motors Corp.New York Court of Appeals · 1949
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- The People v. . VilasNew York Court of Appeals · 1867
- Seymour v. EllisonCourt for the Trial of Impeachments and Correction of Errors · 1823
2 more not listed; retrieve them via the Exa API.