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PATAKI v. NY STATE ASSEMBLY

190 Misc.2d 716 (2002)

738 N.Y.S.2d 512

GEORGE E. PATAKI, as Governor of the State of New York, Plaintiff, v. NEW YORK STATE ASSEMBLY et al., Defendants.

Supreme Court, Albany County.

January 17, 2002.

Attorney(s) appearing for the Case

James M. McGuire, Albany, for plaintiff.

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

Hancock & Estabrook LLP, Syracuse (Stewart F. Hancock, Jr., of counsel), for New York State Senate, defendant.

OPINION OF THE COURT

BERNARD J. MALONE, JR., J.

The plaintiff Governor moves and the defendants Assembly and Senate cross-move for summary judgment in this action by the Governor for a judgment declaring unconstitutional 46 budget bills passed by the Assembly and Senate in August 2001.

The Change from a Legislative to an Executive Budget

Prior to 1927, New York had a legislative budget process...

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