County of Rensselaer v. Regan

OPINION OF THE COURT

Lawrence E. Kahn, J.

This litigation seeks a judgment declaring that an appropri*553ation contained in the 1990-1991 State operations budget is unconstitutional. The challenged appropriation diverts "Special Traffic Options Program for Driving While Intoxicated” (STOP DWI) revenues to cover shortfalls in the operating budget of the Department of Motor Vehicles (DMV). Specifically, the appropriation provides in pertinent part that the Comptroller is directed to withhold a maximum of 2% of the revenues received in any court by counties participating in the STOP DWI, for costs…