Legal Opinion · Concurring in part, dissenting in part

Ball v. State

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

Decided April 29, 1976No. Claim No. 59498Published

1Concurring in part, dissenting in part

Mahoney, J. (concurring in part and dissenting in part).

We concur with that portion of the majority’s decision that *53holds that the Court of Claims had jurisdiction of the subject matter and was the proper forum for litigation of the issue before us.

We dissent from the substantive holding by the majority that enactment of the 1975-1976 State budget bill did not abolish claimant’s position as Chairman of the New York State Bingo Control Commission.

The specificity required by the majority, i.e., the passage of the budget bill implementing the Governor’s intention, evidenced by the 1975 Executive…

2Cases cited10 opinions

  1. People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
  2. Mtr. of River Brand Rice Mills v. Latrobe Brew. Co.New York Court of Appeals · 1953
  3. Collins v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1939
  4. Matter of Sullivan v. TaylorNew York Court of Appeals · 1939
  5. Wilson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1972

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