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← 35 NY2D 39 - Burke v. Sugarman

Burke v. Sugarman’s Empirical Analysis

1974

Citation profile

12
cited by 12 later decisions
1
states following
March 1996
most recently cited

4 federal appellate · 1 state decisions

Relationships

Relies on Matter of Andresen v. Rice · Cash v. Bates

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Unless those who have sat for, and passed a civil service examination may seek judicial review of unlawful appointments or designations to positions for which they have been placed on an “eligible list”, then appointments or designations which may be contrary to law will be effectively insulated from public scrutiny, judicial oversight, and perhaps any review whatsoever. Moreover, restriction on standing is largely of judicial creation, often used to avoid difficult issues or unpleasant results; generally standing should be expanded rather than contracted.”
    1 later decision quote this exact passage
  2. “though made in good faith [these actions] ought to be open to attack by the petitioners, because as citizens and taxpayers they are entitled to an opportunity to insist upon the construction which this court placed upon the * * * State Constitution”
    1 later decision quote this exact passage
  3. “failure to comply with constitutional requirements for making appointments of eligibles to competitive positions is a continuing and constitutional wrong”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.