Floyd L. Carlisle, Respondent v. John J. Bennett, Jr.

Summary

The New York Court of Appeals reversed the Appellate Division's denial of the motion to dismiss and held that the complaint did not state sufficient facts to support an injunction against the Attorney General's subpoena power. The court affirmed the principle that courts will not enjoin a public officer from performing discretionary executive duties and that the proper remedy is a motion to quash, vacate, or modify the subpoenas.