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MATTER OF KING v. CUOMO

81 N.Y.2d 247 (1993)

In the Matter of Edgar A. King, as Supervisor of the Town of Northumberland, et al., Appellants, v. Mario M. Cuomo, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Oliver & Oliver, Albany (Lewis B. Oliver, Jr., and Harriet B. Oliver of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Lawrence L. Doolittle, Jerry Boone and Peter H. Schiff of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS and TITONE concur with Judge BELLACOSA; Judge SMITH dissents in part in a separate opinion in which Judge HANCOCK, JR., concurs.

BELLACOSA, J.

The bicameral "recall" practice used by the Legislature to reacquire Assembly Bill No. 9592-A of 1990 from the Governor's desk is not authorized by article IV, § 7 of the New York State Constitution. The Constitution prescribes the respective powers of the Executive and the Legislative Branches as to how a passed bill becomes a law or is rejected. The order of the Appellate Division, therefore...

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