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SILVER v. PATAKI

3 A.D.3d 101 (2003)

769 N.Y.S.2d 518

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

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

December 11, 2003.

Attorney(s) appearing for the Case

Weil, Gotshall & Manges LLP, New York City, (Steven Alan Reiss, Gregory S. Coleman, Janet L. Horn, Kristyn Noeth, Hope L. Karp and Gregg J. Costa of counsel), for Sheldon Silver, Member and Speaker, New York State Assembly, appellant.

Hancock & Estabrook, LLP, Syracuse (Stewart F. Hancock, Jr. and Sonya G. Bonneau of counsel), for New York State Senate, appellant.

Cravath, Swaine & Moore LLP, New York City (Max R. Shulman of counsel), for George E. Pataki, Governor, respondent.

BUCKLEY, P.J., ROSENBERGER, ELLERIN and MARLOW, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

This appeal involves a dispute between the executive and legislative branches of our state government over their respective powers of appropriation under the New York State Constitution. Our analysis of the controversy is guided by certain amendments to our State Constitution adopted in 1927 that transferred primary responsibility for creating a budget from the Legislature to the Executive. We find that the actions taken...

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