Posner v. Rockefeller

CourtNew York Court of Appeals
Writing for the CourtThe Supreme Court, Special Term, New York County, Francis J. Bloustein
Citation307 N.Y.S.2d 224,25 N.Y.2d 720
Decision Date10 December 1969
Parties, 255 N.E.2d 563 Application of Herbert A. POSNER et al., Appellants, v. Nelson A. ROCKEFELLER, Governor of the State of New York, et al., Respondents.

Page 224

307 N.Y.S.2d 224
25 N.Y.2d 720, 255 N.E.2d 563
Application of Herbert A. POSNER et al., Appellants,
v.
Nelson A. ROCKEFELLER, Governor of the State of New York, et
al., Respondents.
Court of Appeals of New York.
Dec. 10, 1969.

Appeal from the Supreme Court, Appellate Division, 33 A.D.2d 683, 305 N.Y.S.2d 852.

[255 N.E.2d 564] [25 N.Y.2d 721] 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.

Article 78 proceeding was brought to attack budgets contained in Chapters 48, 49, 50 and 340 of the Laws of 1969 (appropriation bills submitted pursuant to Constitution, Art. VII, § 3).

The Supreme Court, Special Term, New York County, Francis J. Bloustein, J., 60 Misc. 597, 304 N.Y.S.2d 28, denied motion to dismiss petition, and granted application for an order restraining respondents from expending further funds under appropriation bills held invalid, and order held in abeyance.

The Appellate Division, 33 A.D.2d 683, 305 N.Y.S.2d 852, entered an order November 25, 1969 which reversed and vacated on the law the order and judgment of the Special Term.

The petitioners appealed to the Court of Appeals, contending that venue was properly placed in New York County, and that petitioners had standing to bring the action both as members of the Assembly and as taxpayers, and that action was not barred by limitations, and that action sought an order preventing a public officer from acting in excess of his authority and was therefore properly brought under Article 78, and the Special Term, properly decided the action on the law, having heard arguments from both sides, and that appropriations bills containing lump sum appropriations do not comply with Article 7 of the Constitution and are therefore invalid, and that provisions in appropriations bills permitting Budget Director to interchange funds between programs and thereby overrule the Legislature are unconstitutional, and that the 'expenditure limitations' contained in the 1969 appropriations bills render itemization meaningless.

Order affirmed, without costs, on the opinion at the Appellate Division.

All concur.

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13 practice notes
  • Marino v. Town of Ramapo
    • United States
    • United States State Supreme Court (New York)
    • July 6, 1971
    ...of persons with no rational basis for differentiation (Mtr. of Posner v. Rockefeller, 31 A.D.2d 352, 353, 297 N.Y.S.2d 867, 868, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563). On the other hand, there is no denial of equal protection if a reasonable relationship supports the classi......
  • Weber v. Kowalski
    • United States
    • United States State Supreme Court (New York)
    • December 11, 1975
    ...without a showing of a systematic pattern of discrimination (Matter of Posner v. Rockefeller, 31 A.D.2d 352, 297 N.Y.S.2d 867, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563). Classification does not offend the State or Federal Constitutions 'merely because it is not made with mathem......
  • Cisco v. Lavine
    • United States
    • United States State Supreme Court (New York)
    • March 2, 1973
    ...in fact subject to default judgment pursuant to CPLR 7804(e). Cf. Matter of Posner v. Rockefeller, 33 A.D.2d 683, 305 N.Y.S.2d 582, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563; Matter of Sibarco Stations Inc. v. Risman, 34 A.D.2d 890, 311 N.Y.S.2d 761. Until now, respondent has ma......
  • Frolov v. Delo
    • United States
    • United States State Supreme Court (New York)
    • February 20, 1976
    ...persons with no rational basis for differentiation (e.g., Mtr. of Posner v. Rockefeller, 31 A.D.2d 352, 353, 297 N.Y.S.2d 867, 869, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563). Conversely, there is no denial of equal protection if a reasonable relationship supports the classifica......
  • Request a trial to view additional results
13 cases
  • Marino v. Town of Ramapo
    • United States
    • United States State Supreme Court (New York)
    • July 6, 1971
    ...of persons with no rational basis for differentiation (Mtr. of Posner v. Rockefeller, 31 A.D.2d 352, 353, 297 N.Y.S.2d 867, 868, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563). On the other hand, there is no denial of equal protection if a reasonable relationship supports the classi......
  • Weber v. Kowalski
    • United States
    • United States State Supreme Court (New York)
    • December 11, 1975
    ...without a showing of a systematic pattern of discrimination (Matter of Posner v. Rockefeller, 31 A.D.2d 352, 297 N.Y.S.2d 867, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563). Classification does not offend the State or Federal Constitutions 'merely because it is not made with mathem......
  • Cisco v. Lavine
    • United States
    • United States State Supreme Court (New York)
    • March 2, 1973
    ...in fact subject to default judgment pursuant to CPLR 7804(e). Cf. Matter of Posner v. Rockefeller, 33 A.D.2d 683, 305 N.Y.S.2d 582, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563; Matter of Sibarco Stations Inc. v. Risman, 34 A.D.2d 890, 311 N.Y.S.2d 761. Until now, respondent has ma......
  • Frolov v. Delo
    • United States
    • United States State Supreme Court (New York)
    • February 20, 1976
    ...persons with no rational basis for differentiation (e.g., Mtr. of Posner v. Rockefeller, 31 A.D.2d 352, 353, 297 N.Y.S.2d 867, 869, affd. 25 N.Y.2d 720, 307 N.Y.S.2d 224, 255 N.E.2d 563). Conversely, there is no denial of equal protection if a reasonable relationship supports the classifica......
  • Request a trial to view additional results

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