Campaign for Fiscal Equity, Inc. v. Marino

OPINION OF THE COURT

Smith, J.

The principal issue in this case is whether the State Constitution mandates that a bill passed by both houses of the Legislature be presented to the Governor. Because the practice of retaining legislation passed by both houses of the Legislature does not comply with the Presentment Clause of the New York State Constitution, we reverse the order of the Appellate Division.

The facts are undisputed. Senate Bill No. 3248, known as the "Maintenance of Effort Bill,” * was passed by both the Senate and Assembly during 1994 (Mar. 8, 1994 and June 6, 1994, respectively). It…