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COUNTY OF RENSSELAER v. REGAN

151 Misc.2d 552 (1991)

County of Rensselaer et al., Plaintiffs, v. Edward V. Regan, as Comptroller of the State of New York, et al., Defendants.

Supreme Court, Albany County.

March 20, 1991

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Conolly (H. Neal Conolly and Michael J. Hutter of counsel), for plaintiffs. Robert Abrams, Attorney-General (Lawrence J. Doolittle of counsel), for defendants. Richard E. Mannix and John T. Casey for Clarence D. Rappleyea, amicus curiae.

LAWRENCE E. KAHN, J.

This litigation seeks a judgment declaring that an appropriation contained in the 1990-1991 State operations budget is unconstitutional. The challenged appropriation diverts "Special Traffic Options Program for Driving While Intoxicated" (STOP DWI) revenues to cover shortfalls in the operating budget of the Department of Motor Vehicles (DMV). Specifically, the appropriation provides in...

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