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SILVER v. PATAKI

96 N.Y.2d 532 (2001)

755 N.E.2d 842

730 N.Y.S.2d 482

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

Court of Appeals of the State of New York.

Decided July 10, 2001.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, L. L. P., New York City (Steven Alan Reiss, Eric Ordway, Kerry C. Foley and Ronald R. Rossi of counsel), for appellant.

Cravath, Swaine & Moore, New York City (Max R. Shulman of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in Per Curiam opinion; Judge GRAFFEO dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

Per Curiam.

In January 1998, defendant Governor George E. Pataki submitted his Executive budget to the houses of the New York State Legislature, along with several budget bills. Some of the bills submitted appropriated monies while others detailed the utilization of appropriated funds or proposed changes in the operation of certain programs. After public hearings and internal negotiations...

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