City of Newburgh v. Rabin

Appellate Division of the Supreme Court of New York

City of Newburgh v. Rabin

37 A.D.2d 832, 327 N.Y.S.2d 205, 1971 N.Y. App. Div. LEXIS 3353

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1971

StatusPublished

This text of 37 A.D.2d 832 (City of Newburgh v. Rabin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Newburgh v. Rabin, 37 A.D.2d 832, 327 N.Y.S.2d 205, 1971 N.Y. App. Div. LEXIS 3353 (N.Y. Ct. App. 1971).

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Opinion

This is a proceeding by the City of [833]*833Newburgh and others under article 78 of the CPLR, against the Presiding Justice of this court and other Judges, for a judgment declaring null and void this court’s order dated February 4, 1971, signed by the Presiding Justice, which directs that certain court terms of the Supreme Court in Orange County shall be held in the Town of Goshen instead of at the courthouse in the City of Newburgh. The proceeding is dismissed, without costs. There was ample power for the making of the challenged order (Judiciary Law, §§ 86, 214, 216; N. Y. Const., art. VI, §§ 1, 28). The statute (L. 1798, ch. 93) relied upon by the petitioners has no application. The courts named in that statute are no longer in existence; the statute does not apply to the Supreme Court; and, in any event, as indicated in the cited sections of the Judiciary Law, the Legislature has subsequently enacted other statutes empowering the several Appellate Divisions to determine the times and places for the holding of the terms of the Supreme Court. Moreover, this proceeding against the Presiding Justice and other Judges individually named has been brought against the wrong parties (see Judiciary Law, § 235, subd. 2). Hopkins, Acting P. J., Munder, Martuseello, Latham and Shapiro, JJ., concur.

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This is a proceeding by the City of [833]*833Newburgh and others under article 78 of the CPLR, against the Presiding Justice of this court and other Judges, for a judgment declaring null and void this court’s order dated February 4, 1971, signed by the Presiding Justice, which directs that certain court terms of the Supreme Court in Orange County shall be held in the Town of Goshen instead of at the courthouse in the City of Newburgh. The proceeding is dismissed, without costs. There was ample power for the making of the challenged order (Judiciary Law, §§ 86, 214, 216; N. Y. Const., art. VI, §§ 1, 28). The statute (L. 1798, ch. 93) relied upon by the petitioners has no application. The courts named in that statute are no longer in existence; the statute does not apply to the Supreme Court; and, in any event, as indicated in the cited sections of the Judiciary Law, the Legislature has subsequently enacted other statutes empowering the several Appellate Divisions to determine the times and places for the holding of the terms of the Supreme Court. Moreover, this proceeding against the Presiding Justice and other Judges individually named has been brought against the wrong parties (see Judiciary Law, § 235, subd. 2). Hopkins, Acting P. J., Munder, Martuseello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

37 A.D.2d 832, 327 N.Y.S.2d 205, 1971 N.Y. App. Div. LEXIS 3353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-newburgh-v-rabin-nyappdiv-1971.