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Legal Opinion · Dissent

Saxton v. Carey

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1978Published

1Dissent

Staley, Jr., J. (dissenting).

We are unable to agree with the majority that the present appeal is not premature. It is not the function of the judiciary to interfere with the legislative process in adopting the budget for the State. There is no finality to pending legislation, and it is not until legislation has been enacted as a statute that the function of the judiciary becomes involved to pass upon the constitutionality of a properly enacted law.

It should be noted that those cases which have passed upon the constitutuionality of budget appropriations have all involved budget appropriations…

2Cases cited11 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
  3. People Ex Rel. Hatch v. . ReardonNew York Court of Appeals · 1906
  4. Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
  5. New York Public Interest Research Group, Inc. v. SteingutNew York Court of Appeals · 1976

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