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SILVER v. PATAKI

192 Misc.2d 117 (2002)

744 N.Y.S.2d 821

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.

June 17, 2002.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges LLP, New York City (Steven Alan Reiss of counsel), for plaintiff.

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

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The controversy before me involves a dispute between the Legislature and the executive with respect to the power to determine how public monies should be spent. The specific legal issues presented are whether under the Constitution of the State of New York (i) the Governor can line-item veto legislative directions, segregations and limitations affecting the use of monies appropriated when set forth in "non-appropriation...

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