PATAKI v. STATE ASSEMBLY


4 N.Y.3d 75 (2004)

824 N.E.2d 898

791 N.Y.S.2d 458

GEORGE E. PATAKI, as Governor of the State of New York, Respondent, v. NEW YORK STATE ASSEMBLY et al., Appellants. SHELDON SILVER, as Member and Speaker of the New York State Assembly, et al., Appellants, v. GEORGE E. PATAKI, as Governor of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 16, 2004.


Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, Syracuse (Stewart F. Hancock, Jr., Alan J. Pierce and Sonya G. Bonneau of counsel), for New York State Senate, appellant.

Weil, Gotshal & Manges LLP, New York City (Steven Alan Reiss, Gregory S. Coleman, Janet L. Horn and Gregg J. Costa of counsel), for New York State Assembly, appellant.

Stillman & Friedman, P.C., New York City (Paul Shechtman and Nathaniel Z. Marmur of counsel), for respondent.

Weil, Gotshal & Manges LLP, New York City (Steven Alan Reiss, Gregory S. Coleman, Janet L. Horn, Kristyn Noeth, Hope L. Karp and Gregg J. Costa of counsel), for Sheldon Silver, appellant.

Hancock & Estabrook, LLP, Syracuse (Stewart F. Hancock, Jr., Alan J. Pierce and Sonya G. Bonneau of counsel), for New York State Senate, appellant.

Cravath, Swaine & Moore LLP, New York City (Max R. Shulman of counsel), for respondent.

Judges GRAFFEO and READ concur with Judge R.S. SMITH; Judge ROSENBLATT conurs in result in a separate opinion in which Judge G.B. SMITH concurs; Chief Judge KAYE dissents in another opinion in which Judge CIPARICK concurs.


OPINION OF THE COURT

R.S. SMITH, J.

Since 1927, the New York Constitution has provided for executive budgeting. Under this system, the State's budget originates with the Governor, and he must submit to the Legislature proposed legislation, including "appropriation bills," to put his proposed budget into effect. The Legislature "may not alter an appropriation bill submitted by the governor except to strike out or...

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