Posner v. Rockefeller
| Decision Date | 15 April 1970 |
| Citation | 26 N.Y.2d 970,259 N.E.2d 484,311 N.Y.S.2d 15 |
| Parties | , 259 N.E.2d 484 In the Matter of Herbert A. POSNER et al., Appellants, v. Nelson A. ROCKEFELLER, as Governor of the State of New York, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Peter A. A. Berle, New York City, for appellants.
Louis J. Lefkowitz, Atty. Gen., (Jean M. Coon and Ruth Kessler Toch, Albany, of counsel), for respondents.
The order of the Appellate Division should be affirmed, without costs. We agree with the courts below that under our present decisions the petitioners lack standing as citizens and taxpayers to bring this proceeding. (See, e.g., St. Clair v. Yonkers Raceway, 13 N.Y.2d 72, 242 N.Y.S.2d 43, 192 N.E.2d 15; Matter of Donohue v. Cornelius, 17 N.Y.2d 390, 396, 271 N.Y.S.2d 231, 233, 218 N.E.2d 285, 287.) Nor does their status as Assemblymen given them the requisite standing to challenge in the judicial branch the validity of appropriation bills submitted by the Governor, and it matters not whether such bills have been passed by the Legislature or were still pending before that body at the time the proceeding was instituted.
Order affirmed, in a memorandum.
To continue reading
Request your trial
-
Campbell v. White
...not shown that he has been injured. See Wilt v. Beal, 26 Pa.Cmwlth. 298, 363 A.2d 876, 881 (1976); Posner v. Rockefeller, 26 N.Y.2d 970, 311 N.Y.S.2d 15, 15, 259 N.E.2d 484, 485 (1970).30 In every case it is imperative that a legislator show that he was injured qua legislator and that there......
-
Boryszewski v. Brydges
...of interested litigants to challenge civil service procedures on constitutional grounds. In Matter of Posner v. Rockefeller, 26 N.Y.2d 970, 972, 311 N.Y.S.2d 15, 16, 259 N.E.2d 484, 485 the next case, three of the Judges of our court concurred on the standing issue only under constraint of ......
-
Silver v. Pataki
...acts of another department of government simply because he is one of many such citizens and taxpayers". In Posner v. Rockefeller, 26 N.Y.2d 970, 311 N.Y.S.2d 15, 259 N.E.2d 484 (1970), a case heavily relied upon by defendant, three assemblymen sued to invalidate certain appropriation bills ......
-
Saxton v. Carey
...891; Matter of Posner v. Rockefeller, 62 Misc.2d 28, 307 N.Y.S.2d 959, aff'd 33 A.D.2d 314, 307 N.Y.S.2d 957, aff'd 26 N.Y.2d 970, 311 N.Y.S.2d 15, 259 N.E.2d 484). Our deliberations must begin with an awareness of the respect due the legislative branch, which finds articulation in the prec......