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WEIN v. COMPTROLLER OF STATE

46 N.Y.2d 394 (1979)

Leon E. Wein, Appellant, v. Comptroller of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 6, 1979.

Attorney(s) appearing for the Case

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

Robert Abrams, Attorney-General (Jean M. Coon of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge FUCHSBERG taking no part.

WACHTLER, J.

The question on this appeal is whether a citizen taxpayer has standing to challenge the constitutionality of the issuance of State bond anticipation notes.

In December, 1976 the plaintiff, Leon Wein, commenced this action as a citizen taxpayer seeking a declaratory judgment that 74 million dollars in bond anticipation notes issued by the State in March of that year were issued in violation...

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