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PUB. INT GROUP v. CAREY

55 A.D.2d 274 (1976)

New York Public Interest Research Group, Inc., et al., Appellants, v. Hugh L. Carey, as Governor of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1976

Attorney(s) appearing for the Case

Dennis A. Kaufman for appellants.

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

KOREMAN, P. J., SWEENEY and MAIN, JJ., concur with HERLIHY, J.; MAHONEY, J., concurs in a separate opinion.

HERLIHY, J.

On January 20, 1976 the defendant Governor presented a proposed executive budget, together with proposed appropriation bills (State purposes budget; capital construction budget; local assistance budget) to the Legislature, as required by sections 2 and 3 of article VII of the New York State Constitution. Thereafter the Senate Finance Committee and the Assembly Ways and Means Committee in exercising...

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