Silver v. Pataki
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Buckley, J.
This case marks the first time that the principal officer of one of two chambers of the New York State Legislature has sought to involve the judiciary in one of the perennial budgetary struggles between the Legislature and the Governor. Despite no showing of authority for the institution of this litigation, the Assembly’s Speaker has been found by Supreme Court to have the inherent capacity as a legislator to obtain judicial review of his challenge to the Governor’s exercise of veto power. Because recognition of such inherent capacity would confer an authority…
2Cases cited28 opinions
- Raines v. ByrdSupreme Court of the United States · 1997
- Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Community Board 7 v. SchafferNew York Court of Appeals · 1994
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
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3Cited by8 opinions
- Silver v. PatakiNew York Court of Appeals · 2001
- State Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White EagleCourt of Appeals of Tennessee · 2001
- Saratoga County Chamber of Commerce, Inc. v. PatakiAppellate Division of the Supreme Court of the State of New York · 2000
- Markowitz v. Makura, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Town of Claverack v. BrewAppellate Division of the Supreme Court of the State of New York · 2000
3 more not listed; retrieve them via the Exa API.