Legal Opinion
Klostermann v. Cuomo
New York Court of Appeals
Decided March 27, 1984PublishedCited by 287 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The mentally ill, whether in a State institution or previously institutionalized and now homeless in New York City, are entitled to a declaration of their rights as against the State. Their claims do not present a nonjusticiable controversy merely because the activity contemplated on the State’s part may be complex and rife with the exercise of discretion. Rather, the judiciary is empowered *531to declare the individual rights in all such cases, even if the ultimate determination is that the individual has no rights. Moreover, if a statutory directive is…
2Cases cited21 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by287 opinions
- Brusco v. BraunNew York Court of Appeals · 1994
- City of New York v. MaulNew York Court of Appeals · 2010
- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
- Marisol A. by Next Friend Forbes v. GiulianiDistrict Court, S.D. New York · 1996
- Arnold v. Arizona Department of Health ServicesArizona Supreme Court · 1989
282 more not listed; retrieve them via the Exa API.