Legal Opinion
King v. Cuomo
New York Court of Appeals
Decided May 6, 1993PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The bicameral "recall” practice used by the Legislature to reacquire Assembly Bill No. 9592-A of 1990 from the Governor’s desk is not authorized by article IV, § 7 of the New York State Constitution. The Constitution prescribes the respective powers of the Executive and the Legislative Branches as to how a passed bill becomes a law or is rejected. The order of the Appellate Division, therefore, should be reversed and the challenged procedure should be declared unconstitutional, but only prospectively.
Assembly Bill No. 9592-A, entitled "an act to amend the…
2Cases cited22 opinions
- Myers v. United StatesSupreme Court of the United States · 1926
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Hellerstein v. Assessor of IslipNew York Court of Appeals · 1975
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Silver v. PatakiNew York Court of Appeals · 2001
- Cohen v. State of NYNew York Court of Appeals · 1999
- Save Our Forest Action Coalition, Inc. v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 1998
- Stefanik v. HochulNew York Court of Appeals · 2024
- Campaign for Fiscal Equity, Inc. v. MarinoNew York Court of Appeals · 1995
31 more not listed; retrieve them via the Exa API.