City of Yonkers v. State

40 N.Y.2d 408 (1976)

City of Yonkers, Respondent,

v.

State of New York, Appellant. (Claim No. 52716.)

Court of Appeals of the State of New York.

Argued June 3, 1976.

Decided July 8, 1976.

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for appellant.

Eugene J. Fox, Corporation Counsel (George P. Forbes, Jr., of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES; Judge COOKE dissents in part and votes to modify in a separate opinion.

JONES, J.

The question before us is…