 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
OPINION
|
EXTRACTED KEY WORDS
LAW COURT POWER YORK LEGISLATION GOVERNMENT LEGISLATURE PLAINTIFFS SEPARATION BUDGET LEGISLATORS SUPREME COURT UNCONSTITUTIONALITY JUDGEMENT BILL LEGISLATIVE SALARIES COMPENSATION POWERS DOCTRINE NY2D APPROPRIATION BILL CPLR LEGISLATIVE PASSAGE COMPTROLLER RESPONDENTS SALARY INSTALLMENT PAYMENTS WITHHOLDING EXPENDITURES SENATE DEBATE TRANSCRIPTS TIMELY FASHION |
MICHAEL COHEN, ET AL., RESPONDENTS, v. THE STATE OF NEW YORK, APPELLANT.
94 N.Y.2d 1 (1999).
October 14, 1999
SupC No. 145
(99 NY Int. 0127)
Decided October 14, 1999
_________________________________________________________________
99 N.Y. Int. 0127.
October 14, 1999
(99 NY Int. 0127)
Decided October 14, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Preeta D. Bansal, for appellant.
James D. Herschlein, for respondents.
BELLACOSA, J.:
This appeal by the State comes directly to this Court from a Supreme
Court judgment of unconstitutionality of Chapter 635 of the Laws of
1998 (CPLR 5601(b)(2)). The Act is challenged solely on a facial
basis. We reverse, and declare the statute constitutional. It does not
violate article III, section 6 of the State Constitution, nor does it
breach the governmental separation of powers doctrine. Also, it does
not impinge on other constitutional protections asserted by
plaintiffs.
I.
On December 18, 1998, the Legislature passed and the Governor approved
Chapter 635. It states in pertinent part:
"1. * * * if legislative passage of the budget as defined in
subdivision three of this section has not occurred prior to the
first day of any fiscal year, the net amount of any such bi-weekly
salary installment payments to be paid on or after such day shall
be withheld and not paid until such legislative passage of the
SNIPPETS:
|
|
|
| | | |
|
|
