Legal Opinion · Dissent

King v. Cuomo

New York Court of Appeals

Decided May 6, 1993Published

1DissentSmith, J.

The principal issue in this case is whether the procedure used by the Legislature for recalling bills which have been presented to the Governor, a procedure in use since 1865, violates article IV, § 7 of the State Constitution. The secondary issue is whether the bill in this case became a law in like manner as if the Governor had signed it. I agree with the majority’s conclusion on the latter issue that the bill was not on the Governor’s desk for the requisite 10 days (see, majority opn, at 256) and, thus, did not become a law "in like manner as if he [governor] had signed it” (NY Const, art…

2Cases cited3 opinions

  1. The People v. . DevlinNew York Court of Appeals · 1865
  2. Heimbach v. StateNew York Court of Appeals · 1983
  3. Seymour v. CuomoAppellate Division of the Supreme Court of the State of New York · 1992

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