Pataki v. New York State Assembly

OPINION OF THE COURT

Bernard J. Malone, Jr., J.

The plaintiff Governor moves and the defendants Assembly *717and Senate cross-move for summary judgment in this action by the Governor for a judgment declaring unconstitutional 46 budget bills passed by the Assembly and Senate in August 2001.

The Change from a Legislative to an Executive Budget

Prior to 1927, New York had a legislative budget process whereby appropriation bills originated in the Legislature, were referred to committees, and were often passed in the waning hours of the session. It was then left to the Governor, through the veto power, to…