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Matter of King v. Glass

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 708 (N.Y. App. Div. 1996)

Opinion

January 29, 1996

Appeal from the Supreme Court, Westchester County (Carey, J.).


Ordered that the judgment is affirmed, with costs.

It is well settled that "[t]he function of the courts is to determine controversies between litigants * * * They do not give advisory opinions" ( Matter of State Indus. Commn., 224 N.Y. 13, 16). The courts should not resolve disputed legal issues unless the resolution would have an immediate, practical effect on the conduct of the parties ( see, New York Pub. Interest Research Group v Carey, 42 N.Y.2d 527, 530). Since the issue in this case does not present an actual controversy upon which relief could be granted and that would have an immediate, practical effect on the conduct of the parties, the petition was properly dismissed. Santucci, J.P., Altman, Friedmann and Florio, JJ., concur.


Summaries of

Matter of King v. Glass

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 708 (N.Y. App. Div. 1996)
Case details for

Matter of King v. Glass

Case Details

Full title:In the Matter of MARGARET KING, Appellant, v. MARY E. GLASS et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 29, 1996

Citations

223 A.D.2d 708 (N.Y. App. Div. 1996)
637 N.Y.S.2d 187

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