Summary
denying mandamus to compel the Commissioner of Health to investigate and take ongoing regulatory and enforcement action relating to lead paint hazards was denied on grounds that Court was loathe to interfere with the executive department of the government in the exercise of its official duties unless there's a violation of the law
Summary of this case from Okslen Acupuncture P.C. v. DinalloOpinion
Argued January 17, 1975
Decided February 17, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD S. CONWAY, J.
Lawrence F. Klepper and Lanny E. Walter for appellants.
Louis J. Lefkowitz, Attorney-General ( Eileen A. Sullivan and Ruth Kessler Toch of counsel), for Hollis S. Ingraham, respondent.
Robert P. Roche, County Attorney ( Philip Murray and Robert E. Harris of counsel), for John J. Lyons, respondent.
Order affirmed, without costs, on the opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.