WINNER v. CUOMO


176 A.D.2d 60 (1992)

George H. Winner et al., as Members of The New York State Assembly, Appellants, v. Mario M. Cuomo, Individually and as Governor of The State of New York, Respondent

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

February 13, 1992


Attorney(s) appearing for the Case

Richard E. Mannix (John T. Casey, Jr., of counsel), for appellants.

Robert Abrams, Attorney-General (Daniel Smirlock and Peter H. Schiff of counsel), for respondent.

MIKOLL, J. P., CREW III and HARVEY, JJ., concur.


YESAWICH JR., J.

Plaintiffs, three Members of the New York State Assembly, commenced this declaratory judgment action against defendant in February 1991 for his failure to timely submit to the Legislature all of his budget bills simultaneously with the 1991-1992 Executive Budget. Defendant moved to dismiss the complaint and plaintiffs cross-moved for summary judgment. While Supreme Court had the matter under...

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