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SILVER v. PATAKI

274 A.D.2d 57 (2000)

711 N.Y.S.2d 402

SHELDON SILVER, as Member and Speaker of the New York State Assembly, Respondent, v. GEORGE E. PATAKI, as Governor of the State of New York, Appellant.

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

July 20, 2000.

Attorney(s) appearing for the Case

Steven Alan Reiss of counsel (Eric Ordway, Ronald R. Rossi and Kerry C. Foley on the brief; Weil, Gotshal & Manges, L. L. P., attorneys), for respondent.

Max R. Shulman of counsel (Cravath, Swaine & Moore, attorneys), for appellant.

WALLACH and SAXE, JJ., concur with BUCKLEY, J.; ROSENBERGER, J.P., and WILLIAMS, J., dissent in a separate opinion by WILLIAMS, J.

OPINION OF THE COURT

BUCKLEY, J.

This case marks the first time that the principal officer of one of two chambers of the New York State Legislature has sought to involve the judiciary in one of the perennial budgetary struggles between the Legislature and the Governor. Despite no showing of authority for the institution of this litigation, the Assembly's Speaker has been found by Supreme Court to have the inherent capacity as a legislator to obtain judicial...

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