CUOMO v. LILCO


71 N.Y.2d 349 (1988)

Mario M. Cuomo et al., Respondents, v. Long Island Lighting Company, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1988.


Attorney(s) appearing for the Case

K. Dennis Sisk, W. Taylor Reveley, III, James N. Christman and Kathy E. B. McCleskey for appellant.

Martin B. Ashare, County Attorney (David A. Brownlee, Michael J. Lynch, Kenneth M. Argentieri, Herbert H. Brown and Lawrence C. Lanpher of counsel), for County of Suffolk, respondent; Robert Abrams, Attorney-General (John W. Corwin and Mary M. Gundrum of counsel) and Fabian G. Palomino for Mario M. Cuomo, respondent; John F. Shea, III, and Stephen B. Latham for Township of Southampton, respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


Chief Judge WACHTLER.

The plaintiffs, involved in a licensing dispute before a Federal agency, have asked the courts of this State to answer a question of State law which may be of use in the pending administrative proceeding. Plaintiffs here seek nothing more than an advisory opinion for possible use by a Federal agency — relief beyond the judicial function, and inconsistent with the constitutional mandate...

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