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MATTER OF SCHULZ v. SILVER

212 A.D.2d 293 (1995)

629 N.Y.S.2d 316

In the Matter of Robert L. Schulz, Appellant, v. Sheldon Silver et al., Individually and as Members of the Assembly of The State of New York, et al., Respondents

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

July 13, 1995

Attorney(s) appearing for the Case

Robert L. Schulz, Queensbury, appellant pro se.

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

MIKOLL, J. P., WHITE, YESAWICH JR. and PETERS, JJ., concur.

CREW III, J.

This litigation has its genesis in the recurring failure of the Legislature to adopt a budget on or before April 1, the commencement of the State's fiscal year (see, State Finance Law § 3 [1]). Apparently in anticipation of such a recurrence, petitioner commenced this combined CPLR article 78 proceeding and declaratory judgment action on March 31, 1995 seeking a judgment directing respondents...

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