New York Court of Appeals
John Klostermann v. Mario M. Cuomo, as Governor of the State of New York, Respondents Joanne S. v. Hugh L. Carey, as…
March 27, 198461 N.Y.2d 525
Summary
The New York Court of Appeals reversed the lower courts' dismissals, holding that the plaintiffs' claims are justiciable and that the courts may grant declaratory judgments and mandamus to enforce mandatory statutory duties under the Mental Hygiene Law, even though those duties involve discretionary elements. The court emphasized that mandamus may compel ministerial acts but cannot dictate how discretion is exercised.