Legal Opinion
City of New York v. Patrolmen's Benevolent Ass'n of City of New York, Inc.
New York Court of Appeals
Decided December 19, 1996PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
The issue presented by this appeal is whether chapter 13 of the Laws of 1996 is unconstitutional because it was not enacted in compliance with the home rule requirements of article IX, § 2 of the State Constitution. We conclude that because this "special law,” which relates to the "property, affairs or government” of New York City, was not enacted to further a matter "of sufficient importance to the State generally” (Matter of Kelley v McGee, 57 NY2d 522, 538), its enactment without a home rule message from New York City renders the chapter law unconstitutional…
2Cases cited16 opinions
- Adler v. DeeganNew York Court of Appeals · 1929
- People Ex Rel. Alpha Portland Cement Co. v. KnappNew York Court of Appeals · 1920
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- Maresca v. CuomoNew York Court of Appeals · 1984
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'nNew York Court of Appeals · 1999
- City of New York v. StateNew York Court of Appeals · 2000
- Patrolmen's Benevolent Ass'n of the City of New York Inc. v. City of New YorkNew York Court of Appeals · 2001
- Greater New York Taxi Ass'n v. StateNew York Court of Appeals · 2013
- Empire State Chapter of Associated Builders & Contractors, Inc. v. SmithNew York Court of Appeals · 2013
21 more not listed; retrieve them via the Exa API.