New England Division of the American Cancer Society v. Commissioner of Administration

The plaintiffs commenced this action in the Supreme Judicial Court for the county of Suffolk pursuant to G. L. c. 214, § 1, challenging actions taken by the defendant State officials and by the Acting Governor3 (Governor), pursuant to G. L. c. 29, § 9C, to reduce allotments for certain expenditures appropriated in the fiscal year 2002 budget for smoking prevention and for cancer and multiple sclerosis detection and treatment initiatives. See St. 2001, c. 177, § 2, line items 4590-0300, 4590-0250, 4513-1115, 4513-1112, 4000-0875. The plaintiffs seek a declaratory judgment stating that the…