Association of Surrogates & Supreme Court Reporters within New York v. New York

ON PETITION FOR REHEARING

WINTER, Circuit Judge:

Matthew T. Crosson, Chief Administrator of the New York court system, petitions for rehearing from the panel decision vacating Judge Patterson’s order directing restitution to be paid from the surplus in the Judiciary Budget for Fiscal Year (“FY”) 1990-91.. Association of Surrogates v. New York, 966 F.2d 75 (2d Cir.1992). Familiarity with that decision is assumed.

Crosson challenges the majority’s decision as intruding unnecessarily on New York’s governance of its fiscal affairs because the opinion stated thát “State Finance Law Section 40(2)(a)…