Matter of New York State Inspection, Sec. & Law Enforcement Empls. v. Cuomo

In Matter of New York State Inspection, Sec. & Law Enforcement Empls. v. Cuomo (64 NY2d 233 [1984]) employees of a correctional facility sought to enjoin its scheduled closing as a violation of their statutory right to a safe workplace under the Labor Law. The Court of Appeals dismissed their complaint, holding that the statutory claims were asserted prematurely, and that while the right to a safe workplace was enforceable under the Labor Law, it did not extend to the kind of claim asserted by the employees. According to the Court of Appeals, the policy decision of whether to close a correctional facility was a political question left to the Department of Correctional Services as part of the executive branch of government, and was thus nonjusticiable.