Marcus v. Baron
| Decision Date | 14 October 1982 |
| Citation | 57 N.Y.2d 862,442 N.E.2d 437,456 N.Y.S.2d 39 |
| Parties | , 442 N.E.2d 437 In the Matter of Robert B. MARCUS, et al., Appellants, v. Morton BARON, as Presiding Supervisor of the Town of Ramapo, Rockland County, New York, et al., Respondents. (and another proceeding.) |
| Court | New York Court of Appeals Court of Appeals |
OPINION OF THE COURT
Order reversed, with costs, and judgment of Supreme Court, Rockland County, reinstated for reasons stated the dissenting opinion of former Justice James D. Hopkins at the Appellate Division (84 A.D.2d 118, 134-139, 445 N.Y.S.2d 587).
GABRIELLI, J., took no part.
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10 cases
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Ames v. Smoot
...it has been delegated by the State (People v. De Jesus, 54 N.Y.2d 465, 446 N.Y.S.2d 207, 430 N.E.2d 1260; Matter of Marcus v. Baron, 57 N.Y.2d 862, 456 N.Y.S.2d 39, 442 N.E.2d 437, revg. 84 A.D.2d 118, 445 N.Y.S.2d 587 for reasons stated in dissenting opn. at App.Div. 84 A.D.2d 118, 134-138......
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Aetna Cas. and Sur. Co. v. County of Nassau
...system to be countenanced, the resulting confusion would impede implementation of State policy (see, e.g., Matter of Marcus v. Baron, 57 N.Y.2d 862, 456 N.Y.S.2d 39, 442 N.E.2d 437). In addition, the potential for collusive escalation in public-works costs and other improprieties can hardly......
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Kamhi v. Town of Yorktown
...law or prohibited by State law (N.Y.Const., art. IX, § 2[c][ii][1]; Municipal Home Rule Law § 10[1][ii]; Matter of Marcus v. Baron, 57 N.Y.2d 862, 456 N.Y.S.2d 39, 442 N.E.2d 437, revg on dissent of Hopkins, J., 84 A.D.2d 118, 134-139, 445 N.Y.S.2d Neither of these grants of power encompass......
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City of New York v. State
...subd. [a], par. [3]; Matter of Marcus v. Baron, 84 A.D.2d 118, 136, 445 N.Y.S.2d 587 [Hopkins, J., dissenting], revd. 57 N.Y.2d 862, 456 N.Y.S.2d 39, 442 N.E.2d 437 (1982)). "It is well settled that the Legislature has the power to * * * create or destroy, combine or divide, and enlarge or ......
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