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CAMPAIGN FOR EQUITY v. MARINO

162 Misc.2d 398 (1994)

617 N.Y.S.2d 263

In the Matter of Campaign for Fiscal Equity, Inc., et al., Petitioners, v. Ralph J. Marino, as President Pro Tem and Majority Leader of the Senate of the State of New York, et al., Respondents.

Supreme Court, Albany County.

September 13, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Lawrence L. Doolittle of counsel), for respondents. Michael A. Rebell Associates, New York City, for petitioners.

JOSEPH C. TERESI, J.

Petitioners bring this combined CPLR article 78 and declaratory judgment action seeking a ruling that the method used by the Senate to withhold the maintenance of effort bill No. 3248 from presentment to the Governor constitutes a clear violation of specific constitutional and legal mandates.

Respondents move to dismiss the petition alleging the petition fails to state grounds...

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