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COUNTY OF ONEIDA v. BERLE

49 N.Y.2d 515 (1980)

In the Matter of County of Oneida, et al., Respondents, v. Peter A. Berle, Individually and as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 1, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joseph J. Micare and Shirley Adelson Siegel of counsel), for appellants.

Donald E. Keinz, County Attorney (Rocco S. Mascaro of counsel), for County of Oneida, respondent.

Robert J. Rossi, County Attorney (John R. Voninski of counsel), for County of Onondaga, respondent.

Louis A. Haremski for County of Erie and others, respondents.

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan, Stephen P. Kramer and Nancy Stassinopoulos of counsel), for City of New York, amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.

Per Curiam.

At point is whether the State Director of the Budget, acting as agent of the Governor, may refuse to spend $7 million appropriated by the Legislature to aid municipalities in operating and maintaining sewage treatment works. Responding to the issue, it is held that no authority inheres in the Governor under the State Constitution to impound funds appropriated by law and that the instant appropriation statute...

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