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MATTER OF NYPIRG v. DINKINS

83 N.Y.2d 377 (1994)

632 N.E.2d 1255

610 N.Y.S.2d 932

In the Matter of New York Public Interest Research Group et al., Respondents, v. David Dinkins, as Mayor of the City of New York, et al., Appellants, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers of counsel), for appellants.

Sam Sue, New York City, and John A. Gresham for New York Public Interest Research Group and others, respondents.

Cleary, Gottlieb, Steen & Hamilton, New York City (David S. Miller and Thomas J. Moloney of counsel), for Ruth W. Messinger and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and LEVINE concur; Judge TITONE and CIPARICK taking no part.

SMITH, J.

The primary issue on this appeal is whether a provision in the New York City Charter requiring the funding of the Independent Budget Office (IBO) has been properly amended or repealed by the actions of the Mayor and City Council. Specifically, we consider (1) whether the adoption by the City Council of a modification of the City's fiscal year 1991 budget that, among other things, eliminated funding...

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