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Armitage v. Carey

37 N.Y.2d 798 Court N.Y. Decision date 1975-09-12 English

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p. 798
In the Matter of Joseph Armitage, Jr., et al., Individually and on Behalf of All Others Similarly Situated, et al., Respondents, v Hugh L. Carey, as Governor and Chief Executive Officer of the State of New York, et al., Appellants.
Submitted September 2, 1975;
decided September 12, 1975
Louis J. Lefkowitz, Attorney-General (Michael F Colligan of counsel), for motion.
James W Roemer, Jr., and Samuel Jacobs opposed.

Motion dismissed upon the ground that the order sought to be appealed from involves a question of discretion of the type not reviewahle by the Court of Appeals (Cohen and Karger, Powers of the New York Court of Appeals, § 153, p 603) and upon the further ground of mootness (id., § 98, pp 413-414).