Bell v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered January 7, 1974 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78. The facts are undisputed and the question to be determined is Whether petitioner, a citizen taxpayer, has standing to challenge on constitutional grounds a “budget statute” which provides for payments of certain sums of money to members of the State Assembly “in lieu of expenses” (L. 1973, ch. 600, § 9). Special Term has determined he does not. We agree. Our courts have consistently held that an individual…