53 N.Y.2d 356 (1981)

Warren Anderson et al., Appellants, v. Edward V. Regan, as New York State Comptroller, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1981.

Attorney(s) appearing for the Case

John F. Haggerty, Michael R. Lanzarone, Edward F. C. McGonagle and William Y. Crowell, III, for appellants.

Robert Abrams, Attorney-General (Shirley Adelson Siegel and Maurice K. Peaslee of counsel), for James H. Tully and others, respondents.

Judges JONES and WACHTLER concur with Judge GABRIELLI; Judge JASEN concurs in a separate opinion; Chief Judge COOKE dissents and votes to modify in another opinion in which Judges FUCHSBERG and MEYER concur.


At issue in this appeal is whether Federal funds which are received by the State and placed in a joint custody account within the State treasury must be appropriated by the Legislature before they may be disbursed by the Executive Department. The appeal requires us to interpret and apply section 7 of article VII of the State Constitution, which provides that "[n]o money shall ever be paid out of...

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