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SILVER v. PATAKI

179 Misc.2d 315 (1999)

684 N.Y.S.2d 858

Sheldon Silver, as Member and Speaker of the New York State Assembly, Plaintiff, v. George E. Pataki, as Governor of the State of New York, Defendant.

Supreme Court, New York County.

January 7, 1999

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany, for defendant. Weil, Gotshal & Manges, New York City, for plaintiff.

EDWARD H. LEHNER, J.

The initial issue to be resolved on these motions is whether the plaintiff, as a member and Speaker of the New York State Assembly (the Assembly) has the standing and legal capacity to challenge as unconstitutional the Governor's line-item veto of certain budget bill provisions.

In January 1998, defendant Governor George E. Pataki (the Governor) submitted an executive budget to...

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