1. Home
  2. Browse Decisions
  3. N.Y.
  4. 308 N.Y.
  5. 308 N.Y. 146 (1954)
 

MATTER OF NISTAL v. HAUSAUER

308 N.Y. 146 (1954)

In the Matter of Gerard E. Nistal, Respondent, v. Karl F. Hausauer, as Commanding General of the New York National Guard, Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Abe Wagman, Wendell P. Brown and Jerome O. Glucksman of counsel), for appellant.

Arthur G. Warner and James E. Birdsall for respondent.

LEWIS, Ch. J., DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; CONWAY, J., dissents and votes to affirm upon the opinion of VAN VOORHIS, J., in the Appellate Division; VAN VOORHIS, J., taking no part.

DESMOND, J.

The Special Term order dismissed petitioner's proceeding under article 78 of the Civil Practice Act on the ground that the relief demanded (compelling the issuance to petitioner by respondent of an honorable discharge from the National Guard) was beyond the jurisdiction of the court, and in the power of the Governor, only. The Appellate Division, reversing that order, denied the motion to dismiss the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases