WEIN v. CAREY


41 N.Y.2d 498 (1977)

Leon E. Wein, Appellant, v. Hugh L. Carey, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 31, 1977.


Attorney(s) appearing for the Case

Leon Edward Wein, pro se, and William J. Quirk, Brooklyn, for Leon E. Wein, appellant.

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), New York City, for respondents.

Edwin B. Mishkin, Stephen L. Dinces, Evan A. Davis, Victor I. Lewkow and Edmund H. Kerr, New York City, for Solomon Brothers and others, amici curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Plaintiff, as a taxpayer, seeks a declaratory judgment that some unspecified portion of State tax and revenue anticipation notes issued in the aggregate amount of $3.72 billion in the spring months of 1976 was, as a matter of law under the State Constitution, void. He seeks too an injunction barring the State from issuing further tax and revenue anticipation notes until it achieves a "balanced...

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