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FISCAL EQUITY v. MARINO

87 N.Y.2d 235 (1995)

661 N.E.2d 1372

638 N.Y.S.2d 591

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

Court of Appeals of the State of New York.

Decided December 28, 1995.

Attorney(s) appearing for the Case

Michael A. Rebell and Robert L. Hughes, New York City, Jay Worona and Cheryl Randall, Albany, Juan Cartagena and Jonathan Feldman, New York City, for appellants.

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The principal issue in this case is whether the State Constitution mandates that a bill passed by both houses of the Legislature be presented to the Governor. Because the practice of retaining legislation passed by both houses of the Legislature does not comply with the Presentment Clause of the New York State Constitution, we reverse the order of the Appellate Division.

The facts are undisputed...

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