70 Misc.2d 923 (1972)

Kenneth P. Norwick, Individually and as Legislative Director of the New York Civil Liberties Union, et al., Plaintiffs, v. Nelson A. Rockefeller et al., Defendants.

Supreme Court, Special Term, New York County.

July 10, 1972

Attorney(s) appearing for the Case

Bruce J. Ennis and Burt Newborne for plaintiffs. Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen of counsel), for Nelson Rockefeller and another, defendants. Charles S. Webb for Perry B. Duryea and another, defendants. Finley, Kumble, Underberg, Persky & Roth (Donald Zimmerman of counsel), for Earl W. Brydges and another, defendants. Berle & Butzel (Peter A. A. Berle of counsel), for 38 members of the Legislature, amici curiae. Michael Schwartz for Citizens Union of City of New York and others, amici curiae.


Two motions, before answer, to dismiss the complaint are consolidated for decision.

The issue in this action is invalidity of legislation for alleged constitutional violation. The plaintiffs mount a multi-pronged assault against 79 laws enacted at the 1971 session of the Legislature on the Governor's messages of necessity — emergency messages — issuing in purported...

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