SCHULZ v. STATE OF NEW YORK


193 A.D.2d 171 (1993)

Robert L. Schulz et al., Appellants, v. State of New York et al., Respondents

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

October 21, 1993


Attorney(s) appearing for the Case

Robert L. Schulz, Glens Falls, appellant pro se.

Robert Abrams, Attorney-General, Albany (Frank K. Walsh and Peter H. Schiff of counsel), for State of New York and others, respondents.

Mudge, Rose, Guthrie Alexander & Ferdon, New York City (Douglas M. Parker and Arthur F. McMahon, Jr., of counsel), and Michael A. Vaccari, New York City, for Metropolitan Transportation Authority, respondent.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Arthur L. Liman, Allan Blumstein, Gerard E. Harper, Helen B. Kim and John T. Hecht of counsel), and Ralph J. Vecchio, Albany (Sharon P. O'Connor of counsel), for New York State Thruway Authority, respondent.

Victoria A. Graffeo, Albany (Judith A. Hard and Robert T. Farley of counsel), for Clarence D. Rappleyea and others, amicus curiae.

WEISS, P. J., MERCURE, CARDONA and CASEY, JJ., concur.


MAHONEY, J.

The principal issue in this appeal is whether certain moral obligation bonds constitute State debt within the meaning of NY Constitution, article VII, § 11.1 The facts are undisputed. On April 15, 1993, the Legislature enacted by Laws of 1993 (ch 56 [hereinafter the Act]) a comprehensive, four-year $20.9 billion plan for the improvement of the State's infrastructure...

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