Bell v. Levitt
Citation | 44 A.D.2d 742,354 N.Y.S.2d 465 |
Parties | In the Matter of David BELL, Appellant, v. Arthur LEVITT, as Comptroller of the State of New York, Respondent. |
Decision Date | 18 April 1974 |
Court | New 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.
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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