Legal Opinion

Frank v. State

New York Court of Appeals

Decided March 28, 1978PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, without costs, on the opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division. In addition we would note our approval of the conclusion in that opinion (61 AD2d 466, n 2) that under the Constitution it is only the succeeding Legislature, here the 1977 Legislature, which had the authority and "the duty * * * to submit each proposed amendment or amendments to the people * * * in such manner” as it shall prescribe (NY Const, art XIX, § 1). In our view that is precisely what the Constitution provides and, of…

2Cases cited1 opinion

  1. Frank v. StateAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by5 opinions

  1. St. Paul Fire & Marine Insurance v. StateNew York Court of Claims · 1979
  2. Forte v. Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1978
  3. Schulz v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1995
  4. Cary v. CaryNew York Supreme Court · 1978
  5. New York Criminal & Civil Courts Bar Ass'n v. StateAppellate Division of the Supreme Court of the State of New York · 1979

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