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WEIN v. CITY OF NEW YORK

36 N.Y.2d 610 (1975)

Leon E. Wein, Respondent-Appellant, v. City of New York et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided May 27, 1975.

Attorney(s) appearing for the Case

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

W. Bernard Richland, Corporation Counsel (Stanley Buchsbaum and Kenneth F. Hartman of counsel), for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Shirley Adelson Siegel of counsel), pro se.

Orison S. Marden, Willis McDonald, IV, Marion Jay Epley, III, Robert L. Clare, III and Evan A. Davis for the Financial Community Liaison Group, amicus curiae.

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

GABRIELLI, J.

Plaintiff brings this taxpayer's action seeking a judgment declaring the New York City Stabilization Reserve Corporation Act (L 1974, ch 594) invalid claiming, essentially, that the act is violative of the provisions of article VIII (§ 4, subd [c]) of the State Constitution in that the act sets up a framework and procedure which illegally permits the city to obtain additional operating revenues...

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