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SAXTON v. CAREY

61 A.D.2d 645 (1978)

Walter A. Saxton 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.

March 29, 1978

Attorney(s) appearing for the Case

Ira M. Ball for appellants.

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

MAHONEY, P. J., SWEENEY and KANE, JJ., concur in Per Curiam opinion; STALEY, JR., and LARKIN, JJ., dissent and vote to affirm in an opinion by STALEY, JR., J.

Per Curiam.

In this action plaintiffs, who are citizen-taxpayers, allege that the 1978-1979 State budget and accompanying appropriation bills as submitted by the Governor to the Legislature are unconstitutional on the ground that they do not comply with sections 1 through 4 of article VII of the State Constitution. Subsequent to the commencement of their action, plaintiffs moved for a preliminary injunction and defendants...

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