SCHULZ v. STATE OF NEW YORK


181 A.D.2d 281 (1992)

In the Matter of Robert L. Schulz et al., Respondents-Appellants, v. State of New York et al., Appellants-Respondents

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

July 9, 1992


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frank K. Walsh and Peter H. Schiff of counsel), for appellants-respondents.

Robert L. Schulz, respondent-appellant pro se, and for others, respondents-appellants.

Martin S. Kaufman and Douglas Foster for Assemblyman George H. Winner, Jr., and others, amici curiae.

WEISS, P. J., LEVINE and MAHONEY, JJ., concur.


YESAWICH JR., J.

In December 1991, plaintiffs commenced this action pursuant to CPLR 3001 and State Finance Law § 123-b seeking, inter alia, a declaration that the State's alleged practice of deliberately "maintain[ing] a deficit position by the continuous issuance, retirement and reissuance of temporary [tax and] revenue anticipation notes" (hereinafter TRANs) was unconstitutional. By amended complaint...

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