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BORDELEAU v. STATE OF NY

No. 190.

18 N.Y.3d 305 (2011)

960 N.E.2d 917

937 N.Y.S.2d 126

2011 NY Slip Op 8444

LEE BORDELEAU et al., Respondents, v. STATE OF NEW YORK et al., Appellants.

Court of Appeals of New York.

Decided November 21, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Barbara D. Underwood , Paul Groenwegen and Andrew D. Bing of counsel), for State of New York, appellant.

Greenberg Traurig , LLP, Albany ( Harold Iselin , Cynthia E. Neidl and Victoria P. Lane of counsel), for Globalfoundries U.S., Inc., appellant.

Cravath, Swaine & Moore LLP, New York City ( Teena-Ann V. Sankoorikal and Evan R. Chesler of counsel), and Alec S. Berman , White Plains, for International Business Machines Corporation, appellant.

Lippes Mathias Wexler Friedman LLP, Buffalo ( Thomas J. Gaffney , Kevin J. Cross and Kenneth R. Kirby of counsel), for West Genesee Hotel Associates, appellant.

James M. Ostrowski , Buffalo, for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur with Judge JONES; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judge SMITH concurs in another separate dissenting opinion.

OPINION OF THE COURT

JONES, J.

The issue before this Court is whether plaintiffs' challenge to appropriations in the New York State 2008-2009 budget, pursuant to article VII, § 8 (1) of the New York State Constitution, can survive a motion to dismiss. We conclude that it cannot.

Plaintiffs, a group of 50 taxpayers of the State of New York, commenced this declaratory judgment action against the...

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