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PATAKI v. NYS ASSEMBLY

7 A.D.3d 74 (2004)

774 N.Y.S.2d 891

GEORGE E. PATAKI, as Governor of the State of New York, Respondent, v. NEW YORK STATE ASSEMBLY ET AL., Appellants.

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

April 22, 2004.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges L.L.P., New York City (Steven Alan Reiss of counsel), for New York State Assembly, appellant.

Hancock & Estabrook L.L.P., Syracuse (Stewart F. Hancock Jr. of counsel), for New York State Senate, appellant.

Stillman & Friedman P.C., New York City (Paul Shechtman of counsel), for respondent.

CREW III, J.P., and SPAIN, J., concur with LAHTINEN, J.; PETERS and CARPINELLO, JJ., dissent in a separate opinion by PETERS, J.

OPINION OF THE COURT

LAHTINEN, J.

This appeal involves "[t]he budget process [which] has been the subject of prior legal skirmishes between [plaintiff] and [defendants]" (Silver v Pataki, 96 N.Y.2d 532, 536 [2001]; see New York State Bankers Assn. v Wetzler, 81 N.Y.2d 98 [1993]; People v Tremaine, 281 N.Y. 1 [1939]; People v Tremaine, 252 N.Y. 27 [1929]; ...

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