Posner v. Rockefeller
| Decision Date | 10 December 1969 |
| Citation | 307 N.Y.S.2d 224,25 N.Y.2d 720 |
| 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. |
| Court | New York Court of Appeals Court of Appeals |
Page 224
v.
Nelson A. ROCKEFELLER, Governor of the State of New York, et
al., Respondents.
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...
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