Buschmann v. United New York Sandy Hook Pilots' Ass'n

New York Court of Appeals

Buschmann v. United New York Sandy Hook Pilots' Ass'n

345 N.E.2d 337, 38 N.Y.2d 774, 381 N.Y.S.2d 865, 1975 N.Y. LEXIS 2376

DecidedDecember 22, 1975

StatusPublished

This text of 345 N.E.2d 337 (Buschmann v. United New York Sandy Hook Pilots' Ass'n) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buschmann v. United New York Sandy Hook Pilots' Ass'n, 345 N.E.2d 337, 38 N.Y.2d 774, 381 N.Y.S.2d 865, 1975 N.Y. LEXIS 2376 (N.Y. 1975).

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Opinion

Order reversed, with costs in all courts, and the matter remitted to Supreme Court, Kings County, for a hearing, on the dissenting opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division. The remedy under CPLR article 78 is appropriate if only because the organizational structure involved has been created in part by statute and its operations are to some degree regulated by statute in the performance of a public governmental function. In the light of the foregoing it is not necessary to consider the availability to private entities of the procedure under article 78.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Order reversed, with costs in all courts, and the matter remitted to Supreme Court, Kings County, for a hearing, on the dissenting opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division. The remedy under CPLR article 78 is appropriate if only because the organizational structure involved has been created in part by statute and its operations are to some degree regulated by statute in the performance of a public governmental function. In the light of the foregoing it is not necessary to consider the availability to private entities of the procedure under article 78.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Bluebook (online)

345 N.E.2d 337, 38 N.Y.2d 774, 381 N.Y.S.2d 865, 1975 N.Y. LEXIS 2376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buschmann-v-united-new-york-sandy-hook-pilots-assn-ny-1975.