MATTER OF POSNER v. ROCKEFELLER


26 N.Y.2d 970 (1970)

In the Matter of Herbert A. Posner 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 April 15, 1970.


Attorney(s) appearing for the Case

Peter A. A. Berle for appellants.

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

Judges BURKE, SCILEPPI, BERGAN and GIBSON concur; Chief Judge FULD and Judges BREITEL and JASEN concur insofar as petitioners' standing as citizens and taxpayers is concerned, under constraint of St. Clair v. Yonkers Raceway ().


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. We agree with the courts below that under our present decisions the petitioners lack standing as citizens and taxpayers to bring this proceeding. (See, e.g., St. Clair v. Yonkers Raceway, 13 N.Y.2d 72; Matter of Donohue v. Cornelius, 17 N.Y.2d 390, 396.) Nor...

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