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JONES v. BEAME

45 N.Y.2d 402 (1978)

Helen E. Jones, Individually and as President of the Society for Animal Rights, Inc., as Chairman of the Citizens for Animals, and as Guardian for All Animals Now Confined in the Queens, Prospect Park and Central Park Zoos, et al., Appellants, v. Abraham D. Beame, Individually and as Mayor of the City of New York, et al., Respondents. Richard J. Bowen, as City Manager of the City of Long Beach, et al., Respondents, v. State Board of Social Welfare of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

June 2, 1978.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Henry Mark Holzer, P. C., for appellants in the first above-entitled action.

Allen G. Schwartz, Corporation Counsel (Renee Modry and Leonard Koerner of counsel), for respondents in the first above-entitled action.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for appellants in the second above-entitled action.

Joel M. Lutwin, Corporation Counsel (Gail A. Shields of counsel), for respondents in the second above-entitled action.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

These two appeals share a common quality: in each the plaintiffs would embroil the courts in the administration of programs the primary responsibility for which lies in the executive branch of government. In each the courts are obliged to decline the invitation. Accepting the responsibility would violate the constitutional scheme for the distribution of powers among the three branches of...

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