Mylod v. Pataki

OPINION OF THE COURT

Thomas W. Keegan, J.

Plaintiffs, a citizen taxpayer and three not-for-profit corporations, commenced this taxpayer action pursuant to State Finance Law article 7-A seeking to declare that the defendant State Department of Transportation’s (DOT) method of repaying the Federal Highway Administration (FHWA [not a named party]) approximately $80 million for the Federal share it contributed to the since-cancelled Westway interstate highway project constituted an expenditure of State funds in the absence of legislative appropriation in violation of State Finance Law § 4 (1) and…