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HIDLEY v. ROCKEFELLER

28 N.Y.2d 439 (1971)

Lois M. Hidley et al., Appellants, v. Nelson A. Rockefeller, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 14, 1971.

Attorney(s) appearing for the Case

John Carter Rice, Samuel Jacobs, James D. Featherstonhaugh, James W. Roemer and Harold G. Beyer for appellants.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman, Jean M. Coon and Ruth Kessler Toch of counsel), for respondents.

Judges BURKE, SCILEPPI, BERGAN and GIBSON concur in memorandum; Judge BREITEL dissents and votes to affirm in an opinion in which Judge JASEN concurs; Chief Judge FULD dissents and votes to reverse the order appealed from and to reinstate the judgment of Special Term in a separate opinion.

MEMORANDUM.

The test of plaintiffs' standing to challenge the integrity of the legislative process of which they complain is that of personal aggrievement (St. Clair v. Yonkers Raceway, 13 N.Y.2d 72) and this has not been demonstrated. Plaintiffs' real quarrel is with the amount of the appropriations, not with the form or method whereby they were requested and enacted; and there...

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