NYS LAW ENFORCEMENT EMPLOYEES v. CUOMO


64 N.Y.2d 233 (1984)

In the Matter of New York State Inspection, Security and Law Enforcement Employees, District Council 82, AFSCME, AFL-CIO, et al., Appellants, v. Mario M. Cuomo, as Governor and Chief Executive Officer of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 1984.


Attorney(s) appearing for the Case

Mark T. Walsh, Jr., for appellants.

Robert Abrams, Attorney-General (Ann Horowitz, Robert Hermann and O. Peter Sherwood of counsel), for respondents.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


JASEN, J.

The statutory right to a safe workplace may not be enforced by means of a remedy at law which would require the judiciary to preempt the exercise of discretion by the executive branch of government.

In 1982, the Long Island Correctional Facility (LICF), situated on the grounds of the Pilgrim State Psychiatric Center, was opened as part of a plan to meet the immediate and long-term needs of the...

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