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KLOSTERMANN v. CUOMO

61 N.Y.2d 525 (1984)

John Klostermann et al., Appellants, v. Mario M. Cuomo, as Governor of the State of New York, et al., Respondents. Joanne S. et al., Appellants, v. Hugh L. Carey, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 27, 1984.

Attorney(s) appearing for the Case

Robert M. Hayes, Roger E. Podesta, Douglas Gross and Nicole A. Gordon for appellants in the first above-entitled action.

Robert Abrams, Attorney-General (Howard L. Zwickel, Peter H. Schiff, Melvyn R. Leventhal and John Petrila of counsel), for respondents in the first above-entitled action.

Joseph T. McLaughlin, Rachel Deming, Daniel Levin, Ronald N. Gottlieb, Marvin Bernstein, Peter Margulies and Mark O. Thelen for appellants in the second above-entitled action.

Robert Abrams, Attorney-General (Arnold D. Fleischer, Peter H. Schiff, Melvyn R. Leventhal, Howard L. Zwickel, William J. Caplow and John Petrila of counsel), for respondents in the second above-entitled action.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

The mentally ill, whether in a State institution or previously institutionalized and now homeless in New York City, are entitled to a declaration of their rights as against the State. Their claims do not present a nonjusticiable controversy merely because the activity contemplated on the State's part may be complex and rife with the exercise of discretion. Rather, the judiciary is empowered...

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