Legal Opinion

LaValle v. Hayden

New York Court of Appeals

Decided June 6, 2002PublishedCited by 58 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

The question presented by this appeal is whether the joint ballot provisions of Education Law § 202, providing for an alternative means of electing members of the State Board of Regents, where the Senate and Assembly fail to elect by concurrent resolution, violate article XI, §§ 1 and 2 — the Education Article — of the New York State Constitution. We say that they do not.

Plaintiffs Kenneth P. LaValle, a State Senator, and David H. Pearl, a retired teacher, commenced this action in Supreme Court seeking declaratory and injunctive relief against defendants, 14…

2Cases cited10 opinions

  1. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  2. Lanza v. WagnerNew York Court of Appeals · 1962
  3. McPherson v. BlackerSupreme Court of the United States · 1892
  4. People v. PagnottaNew York Court of Appeals · 1969
  5. People v. TichenorNew York Court of Appeals · 1997

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3Cited by58 opinions

  1. Dalton v. PatakiNew York Court of Appeals · 2005
  2. Overstock.com, Inc. v. New York State Department of Taxation & FinanceNew York Court of Appeals · 2013
  3. Moran Towing Corp. v. UrbachNew York Court of Appeals · 2003
  4. Matter of Elizabeth C. (Omar C.)Appellate Division of the Supreme Court of the State of New York · 2017
  5. Paynter v. State of NYNew York Court of Appeals · 2003

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