Weisz v. Department of Civil Service

Appellate Division of the Supreme Court of New York

Weisz v. Department of Civil Service

27 A.D.2d 914, 281 N.Y.S.2d 978, 1967 N.Y. App. Div. LEXIS 4411

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

DecidedApril 18, 1967

StatusPublished

This text of 27 A.D.2d 914 (Weisz v. Department of Civil Service) 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

Weisz v. Department of Civil Service, 27 A.D.2d 914, 281 N.Y.S.2d 978, 1967 N.Y. App. Div. LEXIS 4411 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered December 14, 1966, unanimously reversed, on the law and on the facts, and the petition dismissed, with $50 costs and disbursements to the appellants. Matter of Donohue v. Cornelius (17 N Y 2d 390) makes clear that petitioner was not a party aggrieved and had no standing to maintain this article 78 proceeding. Since petitioner never had standing to sue, he may not invoke the doctrine (see Matter of Adirondack League Club v. Board of Black Riv. Regulating Dist., 301 N. Y. 219, 222, 223) that permits [915]*915a court in appropriate circumstances to determine questions arising in properly instituted proceedings which, subsequently become moot between the parties. Accordingly we do not pass on the merits of the petition. Concur — Botein, P. J., Steuer, Capozzoli, Tilzer and Witmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order entered December 14, 1966, unanimously reversed, on the law and on the facts, and the petition dismissed, with $50 costs and disbursements to the appellants. Matter of Donohue v. Cornelius (17 N Y 2d 390) makes clear that petitioner was not a party aggrieved and had no standing to maintain this article 78 proceeding. Since petitioner never had standing to sue, he may not invoke the doctrine (see Matter of Adirondack League Club v. Board of Black Riv. Regulating Dist., 301 N. Y. 219, 222, 223) that permits [915]*915a court in appropriate circumstances to determine questions arising in properly instituted proceedings which, subsequently become moot between the parties. Accordingly we do not pass on the merits of the petition. Concur — Botein, P. J., Steuer, Capozzoli, Tilzer and Witmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 914, 281 N.Y.S.2d 978, 1967 N.Y. App. Div. LEXIS 4411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weisz-v-department-of-civil-service-nyappdiv-1967.

Opinion

Related

Cite This Page — Counsel Stack