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MAYBEE v. STATE OF NY

4 N.Y.3d 415 (2005)

828 N.E.2d 975

796 N.Y.S.2d 18

SCOTT MAYBEE, Doing Business as SMOKE SIGNALS, Appellant, v. STATE OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided April 28, 2005.

Attorney(s) appearing for the Case

Margaret A. Murphy, Buffalo, and Colucci & Gallaher, P.C. (Joseph F. Crangle of counsel) for appellant.

Eliot Spitzer, Attorney General, Albany (Robert M. Goldfarb, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for respondents.

Judges ROSENBLATT, GRAFFEO and READ concur with Judge R.S. SMITH; Chief Judge KAYE concurs in result in a separate opinion in which Judges G.B. SMITH and CIPARICK concur.

OPINION OF THE COURT

R.S. SMITH, J.

Article III, § 14 of the State Constitution provides that no bill shall be passed unless it has been printed and on the desks of the members of the Legislature for three days prior to passage or "unless the governor . . . shall have certified . . . the facts which in his or her opinion necessitate an immediate vote thereon." Plaintiff claims that the bill at issue here was...

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