Pretty big deal? NYSSC denies SAFE Act injunction... [View all]
Last edited Wed Mar 13, 2013, 01:50 PM - Edit history (1)
http://www.news10.com/story/21629395/judge-denies-injunction-of-ny-safe-act-saying-not-a-judicial-issue
Judge denies injunction of NY SAFE Act, saying not a 'judicial issue'
ALBANY, N.Y. - The New York SAFE Act heads to the State Supreme Court Wednesday, a judge denying an application for a preliminary injunction to the controversial act.
State Supreme Court Judge Thomas McNamara has denied the injunction against NY SAFE Act, saying, "Concerns raised should be issues raised in elective process. This is not a judicial issue." The judge says he has to deal with issues of law, not tragedies that have happened prompting SAFE Act, denying the application for preliminary injunction.
The judge heard brief arguments from both the plaintiff and the attorney representing the governor and legislators listed on the complaint before ultimately making his decision.
Opponents were presenting a constitutional challenge asking to motion for a preliminary injunction for taking any further action on the SAFE Act. The plaintiff, Robert Schultz, argues the way Governor Andrew Cuomo passed the act - waving the 3 day aging - is unconstitutional...
The Governor's office is not commenting on the ruling. Shultz says he plans to appeal the case to a higher court..."
There is higher NYS Court of Appeals.