Bell v. Levitt

Citation44 A.D.2d 742,354 N.Y.S.2d 465
PartiesIn the Matter of David BELL, Appellant, v. Arthur LEVITT, as Comptroller of the State of New York, Respondent.
Decision Date18 April 1974
CourtNew York Supreme Court Appellate Division

David Bell, pro se.

Louis J. Lefkowitz, Atty. Gen., Grace K. Banoff, Albany, of counsel, for respondent.

Before STALEY, J.P., and SWEENEY, KANE, MAIN and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the Supreme Court at Special Term, entered January 7, 1974 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78.

The facts are undisputed and the question to be determined is whether petitioner, a citizen taxpayer, has standing to challenge on constitutional grounds a 'budget statute' which provides for payments of certain sums of money to members of the State Assembly 'in lieu of expenses' (L.1973, ch. 600, § 9). Special Term has determined he does not. We agree. Our courts have consistently held that an individual must be personally aggrieved in order to challenge a statute's constitutional validity. We find no basis for petitioner's claim of standing and Special Term, therefore, properly dismissed the petition. (Matter of Taylor v. Sise, 33 N.Y.2d 357, 352 N.Y.S.2d 924, 308 N.E.2d 442 (February 12, 1974); Hidley v. Rockefeller,28 N.Y.2d 439, 322 N.Y.S.2d 687, 271 N.E.2d 530; St. Clair v. Yonkers Raceway, 13 N.Y.2d 72, 242 N.Y.S.2d 43, 192 N.E.2d 15, cert. den. 375 U.S. 970, 84 S.Ct. 488, 11 L.Ed.2d 417.)

Judgment affirmed, without costs.

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6 cases
  • Boryszewski v. Brydges
    • United States
    • New York Court of Appeals
    • July 2, 1975
    ...which the majority position was posited only on citations to St. Clair and Posner. By way of apparent contrast see Matter of Bell v. Levitt, 44 A.D.2d 742, 354 N.Y.S.2d 465, mot. for lv. to app. den., 34 N.Y.2d 518, 359 N.Y.S.2d 1025, 316 N.E.2d On other settings in which questions of stand......
  • Jones v. McCoy
    • United States
    • New York Supreme Court Appellate Division
    • April 18, 1974
  • Liss v. Ross
    • United States
    • New York Supreme Court Appellate Division
    • February 26, 1981
    ...standing to attack the constitutional validity of the statute at issue with respect to its effect on employers (Matter of Bell v. Levitt, 44 A.D.2d 742, 354 N.Y.S.2d 465, mot. for lv. to app. den. 34 N.Y.2d 518, 359 N.Y.S.2d 1025, 316 N.E.2d Decision affirmed, without costs. ...
  • New York State Ass'n of Chiefs of Police v. Municipal Police Training Council (MPTC) of New York State
    • United States
    • United States State Supreme Court (New York)
    • May 20, 1975
    ...v. Rockefeller, 33 A.D.2d 314, 307 N.Y.S.2d 957 (3rd Dept.), affd. 26 N.Y.2d 970, 311 N.Y.S.2d 15, 259 N.E.2d 484; Bell v. Levitt, 44 A.D.2d 742, 354 N.Y.S.2d 465 (3rd Dept.)). Nor does the fact that petitioners are police officials give them standing to bring the instant proceeding. For a ......
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