Gottlieb v. Duryea
| Decision Date | 01 June 1972 |
| Citation | 334 N.Y.S.2d 904,30 N.Y.2d 807 |
| Parties | , 286 N.E.2d 278 Application of Stephen S. GOTTLIEB et al., Appellants, v. Perry B. DURYEA, Jr., as Speaker of the Assembly of the State of New York, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Third Department, 38 A.D.2d 634, 326 N.Y.S.2d 889.
Eve Cary, Burt Neuborne, Bruce J. Ennis, New York City, for appellant.
Louis J. Lefkowitz, Atty. Gen. , for respondents.
A proceeding was brought by a member of the Assembly to direct Speaker and others to mail at public expense a letter which the member had addressed to some of his constituents and which the defendants refused to mail on the ground that it was too political. The Supreme Court, Albany County, Special Term, entered a judgment in favor of the member of the Assembly and the defendants appealed.
The Appellate Division reversed the judgment and granted the motion to dismiss the first cause of action. It held that the cause of action directing the Speaker and others to mail the letter should have been dismissed for lack of jurisdiction because the grievance alleged was an internal matter to be handled within the procedures of the Legislature.
In the Court of Appeals the Assemblyman urged that the failure to mail his letter to his constituents raised a justiciable issue clearly within the scope of judicial review and that the defendants' failure to stamp and transmit the letter was in violation of their obligations under the Legislative Law, Consol.Laws, c. 32, § 16 and placed an unconstitutional burden on the Assemblyman's First Amendment rights. The defendants urged that the Appellate Division properly determined that the petition failed to allege any basis for relief.
Order affirmed, without costs.
All concur.
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