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NY PUB. RESEARCH v. CAREY

42 N.Y.2d 527 (1977)

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

Court of Appeals of the State of New York.

Decided November 2, 1977.

Attorney(s) appearing for the Case

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

Dennis A. Kaufman, William J. Quirk and Leon E. Wein for respondents.

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

WACHTLER, J.

In this action a group of citizen taxpayers have asked the courts to declare chapter 455 of the Laws of 1977 unconstitutional. The chapter is not in effect and may never go into effect unless approved by the voters at the general election to be held on November 8, 1977. The action is an unusual one which raises a fundamental question concerning the proper role of the courts, that is, whether the...

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