CITY OF NEW YORK et al., Appellants,
v.
STATE OF NEW YORK, Respondent.
THOMAS J. IGOE, JR., et al., Individually and on Behalf of All Others Similarly Situated, Respondents-Appellants,
v.
GEORGE E. PATAKI, as Governor of the State of New York, et al., Appellants-Respondents.
LARY S. WOLF et al., Respondents-Appellants,
v.
STATE OF NEW YORK et al., Appellants-Respondents.
CHARLES QUINN et al., Individually and on Behalf of All Others Similarly Situated, Respondents-Appellants,
v.
GEORGE E. PATAKI, as Governor of the State of New York, et al., Appellants-Respondents.
STATE OF CONNECTICUT et al., Respondents,
v.
STATE OF NEW YORK et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 15, 2000.
Decided April 4, 2000.
Attorney(s) appearing for the Case
Michael D. Hess, Corporation Counsel of New York City (Elizabeth I. Freedman, Leonard Koerner, Gail Rubin and Spencer Fisher of counsel), and Richard M. Weinberg, for appellants in the first above-entitled action.
Eliot Spitzer, Attorney General, New York City (Edward D. Johnson, Preeta D. Bansal and Marion R. Buchbinder of counsel), for respondent in the first above-entitled action.
Eliot Spitzer, Attorney General, New York City (Edward D. Johnson, Preeta D. Bansal and Deon J. Nossel of counsel), for appellants-respondents in the second, third and fourth above-entitled actions and appellants in the fifth above-entitled action.
Thelen Reid & Priest, L. L. P., New York City (Richard P. Swanson and Consuelo Alden Vasquez of counsel), for respondents-appellants in the second above-entitled action.
Roberts & Holland, L. L. P., New York City (Carolyn Joy Lee, Glenn Newman, Lary S. Wolf and Ann Cochran-Becchina of counsel), for respondents-appellants in the third above-entitled action.
John J. Farmer, Jr., Attorney General of New Jersey, Trenton (Patrick DeAlmeida and Jeffrey J. Miller of counsel), and McCarter & English, L. L. P., New York City (Michael A. Guariglia, William D. Wallach, Joseph R. Scholz and Margaret C. Wilson of counsel), for respondents-appellants in the fourth above-entitled action.
Richard Blumenthal, Attorney General of the Connecticut Bar, admitted pro hac vice, and Paul, Hastings, Janofsky & Walker, L. L. P., New York City (Charles T. Lee and Kurt W. Hansson of counsel), for respondents in the fifth above-entitled action.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
WESLEY, J.
For over three decades, the City of New York has imposed a tax on nonresident commuters who work in the City. In 1999, however, the Legislature attempted to rescind the tax for State resident commuters while retaining the tax for out-of-State commuters. Anticipating challenges to the new statute, the Legislature added a poison pill—if a court declares the new law void...
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