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SCHULZ v. STATE OF NEW YORK

84 N.Y.2d 231 (1994)

639 N.E.2d 1140

616 N.Y.S.2d 343

Robert L. Schulz et al., Appellants, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Robert L. Schulz, Glens Falls, and others, appellants pro se.

G. Oliver Koppell, Attorney-General, Albany (Jerry Boone, Peter H. Schiff and Frank K. Walsh of counsel), for State of New York and others, respondents.

Helene Fromm, New York City, Michael A. Vaccari and Mudge Rose Guthrie Alexander & Ferdon (Douglas M. Parker, Arthur F. McMahon, Jr., and James Whelan of counsel), for Metropolitan Transportation Authority, respondent.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Arthur L. Liman, Allan Blumstein, Gerard E. Harper, Helen B. Kim and Hang C. Lee of counsel), Ralph J. Vecchio, Albany, and Sharon P. O'Conor for New York State Thruway Authority, respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur; Judge LEVINE taking no part.

Chief Judge KAYE.

This challenge to a 1993 statute authorizing a multibillion dollar bond issue for State and local transportation improvements continues a debate on financing public works projects that has engaged our State throughout its history. The instant litigation attacks the statute both as imprudent fiscal policy and as violative of debt-limiting provisions of the State Constitution. The wisdom of legislation...

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