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BORYSZEWSKI v. BRYDGES

37 N.Y.2d 361 (1975)

Ralph Boryszewski et al., Appellants, v. Earl W. Brydges, as Majority Leader and Temporary President of the Senate, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Ralph Boryszewski, appellant pro se, and for Robert E. Kesel and another, appellants.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, WACHTLER and FUCHSBERG concur with Judge JONES; Judge GABRIELLI concurs in result only in a separate opinion; Judge COOKE taking no part.

JONES, J.

We hold today that a taxpayer has standing to challenge enactments of our State Legislature as contrary to the mandates of our State Constitution. Recognizing such procedural right we proceed on the present broad motion to dismiss to consider the sufficiency of the particular claims of unconstitutionality urged here by these petitioners. In so doing, we reject their contentions that the State's legislative...

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