Stratton v. Lyons

Decision Date17 February 1975
Citation366 N.Y.S.2d 409,36 N.Y.2d 686
Parties, 325 N.E.2d 870 In the Matter of Community Action Against Lead Poisoning, an Unincorporated Association, by its Chairman Ronald STRATTON, et al., Appellants, v. John J. LYONS, M.D. as Commissioner of Health of the County of Albany, et al., Respondents.
CourtNew York Court of Appeals Court of Appeals

Order affirmed, without costs, on the opinion by Mr. Justice Robert G. Main at the Appellate Division, 43 A.D.2d 201, 350 N.Y.S.2d 812.

All concur.

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17 cases
  • Jones v. Buford
    • United States
    • New Jersey Supreme Court
    • November 4, 1976
    ...See also Community Action Against Lead Poisoning v. Lyons, 43 A.D.2d 201, 350 N.Y.S.2d 812 (App.Div.1974); aff'd 36 N.Y.2d 686, 366 N.Y.S.2d 409, 325 N.E.2d 870 (1975). Here we conclude, as we have indicated, that the statute invoked by the plaintiff is enabling and not In the absence of ap......
  • New York City Coalition To End Lead Poisoning v. Koch
    • United States
    • New York Supreme Court
    • January 20, 1987
    ...Matter of Community Action Against Lead Poisoning v. Lyons, 43 A.D.2d 201, 350 N.Y.S.2d 812 (3d Dept.1974), aff'd. 36 N.Y.2d 686, 366 N.Y.S.2d 409, 325 N.E.2d 870 (1975), contend that the method of enforcement is a nonjusticiable function of the legislative or executive They further contend......
  • Wilkins v. Perales
    • United States
    • New York Supreme Court
    • March 18, 1985
    ...the water table); Matter of Community Action Against Lead Poisoning v. Lyons, 43 A.D.2d 201, 350 N.Y.S.2d 812, affd. 36 N.Y.2d 686, 366 N.Y.S.2d 409, 325 N.E.2d 870 (1975) (mandamus to require the State to institute a program to control lead poisoning in children); and Matter of Perazzo v. ......
  • James v. Board of Ed. of City of New York
    • United States
    • New York Court of Appeals Court of Appeals
    • July 14, 1977
    ...Community Action Against Lead Poisoning v. Lyons, 43 A.D.2d 201, 203, 350 N.Y.S.2d 812, 814, affd. on opn. of App.Div., 36 N.Y.2d 686, 366 N.Y.S.2d 409, 325 N.E.2d 870.) In this case, petitioners raise "questions of judgment, discretion, allocation of resources and priorities inappropriate ......
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