CITY OF N.Y. v. STATE OF N.Y.


76 N.Y.2d 479 (1990)

City of New York et al., Appellants, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided September 18, 1990.


Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Joel Berger, Ronald P. Younkins and Peter Lehner of counsel), for appellants.

Robert Abrams, Attorney-General (Dennis J. Saffran, O. Peter Sherwood and Harvey Golubock of counsel), for respondent.

Richard M. Weinberg and Robert T. Perry for members of the Council of the City of New York, amici curiae.

Asa D. Sokolow, Joseph Zuckerman, David Buchalter, Sanford Hausler and David A. Slossberg for Citizens Union of the City of New York, amicus curiae.

Lydia Rocissano Marola for New York State Conference of Mayors and other Municipal Officials, amicus curiae.

Raymond A. Fasano for Assemblyman Robert A. Straniere, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur in Per Curiam opinion; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion in which Judge ALEXANDER concurs; Judge TITONE taking no part.


Per Curiam.

At issue on this appeal is the constitutionality of chapter 773 of the Laws of 1989 (as amended by L 1990, ch 17), a special law that prescribes a procedure for determining Staten Islanders' interest in secession from New York City, and the basis on which they would wish such separation to be accomplished. We conclude that chapter 773 is not an "act in relation to the property, affairs or government" of New York...

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