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GOLDEN v. KOCH

73 A.D.2d 575 (1979)

Howard Golden et al., Individually and Constituting The Board of Estimate of the City of New York, Respondents, v. Edward I. Koch, Individually and as Mayor of The City of New York, Appellant

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

December 27, 1979

Section 120 of the New York City Charter sets forth the procedure for the initial submission and approval of the annual budget. Its subdivision d states that "The mayor shall not participate in any action or vote of the board of estimate on the budget". Section 124 deals with budget modification procedures. Its subdivision b provides for the transfer of part or all of one unit of appropriation to another unit, subject in certain instances to disapproval by the board. By their...

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