MTR OF MCSPEDON v. ROBERTS


117 Misc.2d 679 (1983)

In the Matter of William McSpedon, as Secretary-Treasurer of the New York State Conference, International Union of Operating Engineers, et al., Petitioners, v. Lillian Roberts, as Industrial Commissioner of the State of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

January 19, 1983


Attorney(s) appearing for the Case

Corcoran & Brady for petitioners. Robert Abrams, Attorney-General (Henriette Frieder and Howard B. Friedland of counsel), for respondents.


EDWARD H. LEHNER, J.

This article 78 proceeding principally raises the issue of whether Governor Carey's act of urging his appointed Industrial Commissioner to repeal a regulation, the retention of which the Governor believed would have a deleterious economic impact on a segment of industry within the State, is improper pressure and a wrongful act that warrants a trial of whether the subsequent repeal was unlawful...

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