April 1, 2009

Administrative Law.

Practice point: To have standing to challenge a governmental action, a party must show an injury in fact.

Practitioners should note that petitioners must show that they have suffered an injury distinct from an injury to the general public.

Case: McAllan v. New York State Dept. of Health, NY Slip Op 01715 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Motion practice.