Sweeney v. Cannon
Cases that cite this one
19 later published cases cite this decision.
- Matter of Deem (Appellate Division of the Supreme Court of New York 2022)
- Jay-Jay Cabaret, Inc. v. State (New York Supreme Court 1994)
- Debevoise & Plimpton v. New York State Department of Taxation & Finance (New York Supreme Court 1991)
- Daniel J. G. v. Michael M. (New York Supreme Court 1991)
- Forti v. New York State Ethics Commission (Appellate Division of the Supreme Court of New York 1989)
- 459 West 43rd Street Corp. v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 1989)
- Goldberg v. Corcoran (Appellate Division of the Supreme Court of New York 1989)
- National Organization for Women v. Metropolitan Life Insurance (Appellate Division of the Supreme Court of New York 1987)
- McKechnie v. Ortiz (Appellate Division of the Supreme Court of New York 1987)
- Goldman v. Goldman (Appellate Division of the Supreme Court of New York 1986)
- Daly v. Becker (Appellate Division of the Supreme Court of New York 1985)
- Council of Municipal Hospital Community Boards v. Koch (Appellate Division of the Supreme Court of New York 1981)
- American Home Assurance Co. v. Port Authority of New York & New Jersey (Appellate Division of the Supreme Court of New York 1979)
- Ambulance & Medical Transportation Ass'n of New York, Inc. v. City of New York (New York Supreme Court 1979)
- MTR. OF JOSLIN v. Regan (Appellate Division of the Supreme Court of New York 1978)
- Adirondack Park Agency v. Ton-Da-Lay Associates (Appellate Division of the Supreme Court of New York 1978)
- Bacon v. Bacon (Appellate Division of the Supreme Court of New York 1978)
- Waterfront Commission of New York Harbor v. Commissioner of the Division of Criminal Justice Services (Appellate Division of the Supreme Court of New York 1978)
- De Milia v. State (New York Supreme Court 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Daniel T. Sweeney, on Behalf of Himself and All Other Persons Similarly Situated, Appellant,
v.
Raymond J. Cannon, as Clerk of the Court of Appeals of the State of New York, Respondent.
Court of Appeals of the State of New York.
Eli Wager, David M. Shane, Jerome H. Ehrlich, Eugene S. Ginsberg and Daniel T. Sweeney, pro se, for appellant.
Louis J. Lefkowitz, Attorney-General (Philip Weinberg, Samuel A. Hirshowitz and Joel Lewittes of counsel), for respondent.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.
Order modified, without costs, in accordance with the following memorandum, and, as so modified, affirmed: We agree with the Appellate Division, and for the reasons set forth in its opinion, that section 467-a of the Judiciary Law (L. 1963, ch. 204) is constitutional. However, since this is an action for a declaratory judgment, that court, instead of dismissing the complaint, should have made a declaration as to the constitutionality of the challenged section. (See, e.g., Lanza v. Wagner, 11 N Y 2d 317, 334; Fhagen v. Miller, 36 A D 2d 926, 927, affd. 29 N Y 2d 348.) The order appealed from should be modified, without costs, to the extent of directing judgment in favor of defendant, declaring that section 467-a of the Judiciary Law is constitutional and, except as so modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.