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WEIN v. STATE OF NEW YORK

39 N.Y.2d 136 (1976)

Leon E. Wein, Appellant, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Leon Edward Wein, pro se, and William J. Quirk for Leon E. Wein, appellant.

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for Arthur Levitt, respondent.

Martin Kleinbard, Max Gitter and Dean B. Allison for the Municipal Assistance Corporation for the City of New York, amicus curiae.

Haliburton Fales, 2d, Willis McDonald, IV, Marion Jay Epley, III, Thomas J. O'Sullivan, Robert L. Clare, III, and John E. Osnato for Certain New York Financial Institutions, amicus curiae.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge JASEN dissents and votes to reverse in a separate opinion.

Chief Judge BREITEL.

In a taxpayer's action Supreme Court summarily on motion declared constitutional sections 22 and 23 of the State Financial Emergency Act for the City of New York (L 1975, ch 868, as amd by L 1975, ch 870). Plaintiff taxpayer appeals directly to this court urging the statute's unconstitutionality (NY Const, art VI, § 3, subd b, par [2]; CPLR...

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