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Sweeney v. Cannon

282 N.E.2d 332, 30 N.Y.2d 633, 331 N.Y.S.2d 444, 1972 N.Y. LEXIS 1427
CourtNew York Court of Appeals
DecidedMarch 16, 1972
StatusPublished
Cited by20 cases

This text of 282 N.E.2d 332 (Sweeney v. Cannon) 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.

Bluebook
Sweeney v. Cannon, 282 N.E.2d 332, 30 N.Y.2d 633, 331 N.Y.S.2d 444, 1972 N.Y. LEXIS 1427 (N.Y. 1972).

Opinions

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.

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Sweeney v. Cannon
282 N.E.2d 332 (New York Court of Appeals, 1972)

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Bluebook (online)
282 N.E.2d 332, 30 N.Y.2d 633, 331 N.Y.S.2d 444, 1972 N.Y. LEXIS 1427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-cannon-ny-1972.