COHEN v. STATE OF NY


180 Misc.2d 643 (1999)

694 N.Y.S.2d 840

Michael Cohen et al., as Members of the Legislature, Petitioners, v. State of New York, Respondent.

Supreme Court, Kings County.

May 21, 1999


Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, L. L. P., New York City (James D. Herschlein of counsel), for petitioners. Eliot Spitzer, Attorney-General, Albany, for respondent.


RICHARD D. HUTTNER, J.

The petitioners, by order to show cause, commenced this hybrid CPLR article 78/declaratory judgment action seeking a judgment: (1) declaring that chapter 635 of the Laws of 1998 is unconstitutional and violative of certain provisions of the New York State and United States Constitutions; (2) declaring that certain actions of respondent George E. Pataki, as Governor of the State of New...

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