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MATTER OF SCHULZ v. STATE

81 N.Y.2d 336 (1993)

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

Court of Appeals of the State of New York.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Robert L. Schulz, John Salvador, Jr., Gilbert O. Boehm and William Busch, appellants pro se in the first above-entitled matter.

Robert Abrams, Attorney-General, Albany (Peter G. Crary, Jerry Boone and Peter H. Schiff of counsel), for respondents in the first above-entitled matter.

Robert L. Schulz, John Salvador, Jr., and Gilbert O. Boehm, appellants pro se in the second above-entitled matter.

Robert Abrams, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for respondents in the second above-entitled matter.

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

BELLACOSA, J.

In these cases, a group of citizens challenges State financing schemes embodied in chapter 190 (Schulz Appeal No. 1) and chapter 220 (Schulz Appeal No. 2) of the Laws of 1990. The lawsuits have failed up to now for lack of threshold standing to sue. Appellants advance several theories to support their standing to sue on discrete aspects of the lawsuits, and argue on the merits that the various public...

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