Legal Opinion

Schulz v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1992Published

1Opinion of the CourtMahoney, J.

Appeal from an order of the Supreme Court (Keniry, J.), entered January 7, 1992 in Albany County, which denied defendants’ motions to dismiss the complaint.

In this declaratory judgment action, plaintiffs, who are citizens and taxpayers of the State, challenge the constitutionality of (1) the entire 1991-1992 State budget (first cause of action), (2) the Laws of 1991 (ch 410, § 14) (second cause of action), and (3) the Laws of 1991 (ch 166, §§ 325, 329, 335) (third cause of action). Prior to joinder of issue, defendants moved to dismiss the complaint alleging that plaintiffs lacked standing to…

2Cases cited7 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Wein v. Comptroller of New YorkNew York Court of Appeals · 1979
  3. New York State Coalition for Criminal Justice, Inc. v. CoughlinNew York Court of Appeals · 1984
  4. Alexander v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1991
  5. New York State Coalition for Criminal Justice, Inc. v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1984

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