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BOURQUIN v. CUOMO

85 N.Y.2d 781 (1995)

652 N.E.2d 171

628 N.Y.S.2d 618

Pierre Bourquin et al., Respondents, v. Mario M. Cuomo, as Governor of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 13, 1995.

Attorney(s) appearing for the Case

Diane T. Dean, Albany, and William J. Cowan for Department of Public Service of the State of New York, appellant.

Dennis C. Vacco, Attorney-General, Albany (Daniel Smirlock, Jerry Boone and Peter H. Schiff of counsel), for Mario M. Cuomo, appellant.

Martin S. Kaufman, New York City, and Douglas Foster for respondents.

Pollet & Pollet, New York City (Michael N. Pollet and Sybil H. Pollet of counsel), for New York Citizens Utility Board, Inc., and others, amici curiae.

Judges TITONE, LEVINE and CIPARICK concur with Chief Judge KAYE; Judge SMITH dissents and votes to affirm in a separate opinion in which Judges SIMONS and BELLACOSA concur.

Chief Judge KAYE.

This case requires us to decide whether an Executive Order issued by the Governor violates the principle of separation of powers under the New York State Constitution. We conclude that the Governor acted within his authority, and therefore reverse the order of the Appellate Division declaring the Executive Order unconstitutional.

On January 3, 1991, then-Governor Mario Cuomo issued Executive...

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