Legal Opinion

Bourquin v. Cuomo

New York Court of Appeals

Decided June 13, 1995PublishedCited by 62 opinions

1Opinion of the Court

*783OPINION OF THE COURT

Chief Judge Kaye.

This case requires us to decide whether an Executive Order issued by the Governor violates the principle of separation of powers under the New York State Constitution. We conclude that the Governor acted within his authority, and therefore reverse the order of the Appellate Division declaring the Executive Order unconstitutional.

On January 3, 1991, then-Governor Mario Cuomo issued Executive Order No. 141 (9 NYCRR 4.141) authorizing the creation of a private, not-for-profit corporation known as the Citizens’ Utility Board (CUB) intended, among other things,…

2Cases cited7 opinions

  1. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  2. Boreali v. AxelrodNew York Court of Appeals · 1987
  3. Matter of RichardsonNew York Court of Appeals · 1928
  4. Clark v. CuomoNew York Court of Appeals · 1985
  5. Broidrick v. LindsayNew York Court of Appeals · 1976

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3Cited by62 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Dalton v. PatakiNew York Court of Appeals · 2005
  3. People v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 2018
  4. Cohen v. State of NYNew York Court of Appeals · 1999
  5. Greater New York Taxi Ass'n v. New York City Taxi and Limousine CommissionNew York Court of Appeals · 2015

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