New York Court of Appeals

In the Matter of John Taylor, Appellants v. Robert J. Sise, Respondents; In the Matter of Benjamin…

February 12, 197433 N.Y.2d 357

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal, holding that the petitioners have standing to challenge the appointment and designation of Court of Claims Judges and that the legislature, governor, and Appellate Division acted within constitutional authority in increasing and assigning judges. The court found the Emergency Dangerous Drug Control Act's provisions constitutional, rejecting the separation‑of‑powers challenge. Justice Jasen dissented, arguing the statute violates the constitutional separation of powers and should be struck down.