New York Charter Schools Ass'n v. DiNapoli

Chief Judge Lippman (concurring).

While I agree with the *134majority that the challenged legislation directing fiscal and programmatic audits of all of the State’s charter schools by the end of March 2010 exceeds the authority conferred upon the Legislature to shape the mission of the State Comptroller pursuant to article V, § 1 of New York’s Constitution, I write separately to underscore that the issue before us has less to do with the power of the Comptroller than it does with the power of the Legislature. All we hold is that the Legislature could not, consistent with the express limitation…