Legal Opinion

New York Citizens Utility Board, Inc. v. Pataki

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1997PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Spain, J.

In January 1991 then-Governor Mario Cuomo issued Executive Order No. 141 (9 NYCRR 4.141) granting petitioner, a State-wide not-for-profit organization established to represent residential utility customers, the right to include promotional inserts in State agency mailings for a period of three years. Thereafter, a proceeding was commenced in Supreme Court challenging the constitutionality of Executive Order No. 141 as a violation of the doctrine of separation of powers; however, in June 1995 the Court of Appeals ruled that Executive Order No. 141 was…

2Cases cited11 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Dondi v. JonesNew York Court of Appeals · 1976
  3. Clark v. CuomoNew York Court of Appeals · 1985
  4. Broidrick v. LindsayNew York Court of Appeals · 1976
  5. Bourquin v. CuomoNew York Court of Appeals · 1995

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3Cited by3 opinions

  1. Matter of Lasko v. Board of Educ. of the Watkins Glen Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2021
  2. Citizens Utility Board v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  3. Matter of Jenkins v. AstorinoAppellate Division of the Supreme Court of the State of New York · 2014

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