judges of the current court (updated fall 2007)

Court of Appeals of New York Court of Appeals of New York StateState

The Judges, The Selection Process, Making the Current The Judges, The Selection Process, Making the Current CourtCourt

-- and Some Recent Decisions on Governance-- and Some Recent Decisions on GovernanceVincent Martin Bonventre, J.D., Ph.D.Vincent Martin Bonventre, J.D., Ph.D.Rockefeller Institute, October 15, 2007Rockefeller Institute, October 15, 2007

Judges of the Current Judges of the Current CourtCourt

(updated Fall 2007)(updated Fall 2007)

Court of Appeals Judges Criminal Law Voting (Recent 6 Years)

0

10

20

30

40

50

60

70

80

Judge (Pro-Defendant Voting Percent: divided criminal decisions)

Source: Vincent M. Bonventre, Albany Law School 10/07

Pro

-De

fen

da

nt

Vo

tin

g P

erc

en

t

Fall '01 - Spring '07 [6yrs] 100 52 50 43 27 13 11

Jones ( 2/'07 - )

Ciparick KayeRS Smith ('04 - )

Pigott ( 9/06 - )

Graffeo ('01 - )

Read ('03 - )

Court of Appeals Judges Criminal Law Voting (Recent 6 Years)

0

10

20

30

40

50

60

70

80



Pro

-De

fen

da

nt

Vo

tin

g P

erc

en

t

Fall '01 - Spring '07 [6yrs] 75 52 50 43 34 13 11 27 100

GB Smith ( - 9/'06)


Rosenblatt ( - 12/'06)

Graffeo ('01 - )

Read ('03 - )

Pigott ( 9/06 - )

Jones ( 2/'07 - )

Court of Appeals Judges Criminal Law Voting (Recent 6 Yrs & Most Recent Yr)

0

10

20

30

40

50

60

70

80



Pro

-De

fen

da

nt

Vo

tin

g P

erc

en

t

Fall '01 - Spring '07 [6yrs] 75 52 50 43 34 13 11

Fall '06 - Spring '07 57 50 64 14 14 27 100

GB Smith ( - 9/'06)


Rosenblatt ( - 12/'06)

Graffeo ('01 - )

Read ('03 - )

Pigott ( 9/06 - )

Jones ( 2/'07 - )

Judith S. KayeJudith S. Kaye Appointed 1983 by Appointed 1983 by

CuomoCuomo(replaced JF [elect]) (replaced JF [elect])

First woman on CourtFirst woman on Court From NYC (born in From NYC (born in

Monticello)Monticello) Appointed Chief Judge Appointed Chief Judge

1993 by Cuomo 1993 by Cuomo (replaced SW (replaced SW [Cuomo])[Cuomo])

Reappointed March Reappointed March 2007 by Spitzer2007 by Spitzer

Mandatory age Mandatory age retirement 2008retirement 2008

Carmen Beauchamp Carmen Beauchamp Ciparick Ciparick

Appointed 1994 by Appointed 1994 by CuomoCuomo

(replaced SFH (replaced SFH [Cuomo])[Cuomo])

First Hispanic on CourtFirst Hispanic on Court From NYCFrom NYC Current term expires Current term expires

Jan. 2008; candidate Jan. 2008; candidate for reappointmentfor reappointment


Victoria A. Graffeo Victoria A. Graffeo

Appointed 2000 by Appointed 2000 by PatakiPataki

(replaced JWB (replaced JWB [Cuomo])[Cuomo])

From Guilderland From Guilderland (born Rockville (born Rockville Center)Center)

Term expires Nov. Term expires Nov. 20142014


Susan P. ReadSusan P. Read


(replaced HL (replaced HL [Cuomo])[Cuomo])

From Capital Region From Capital Region (born Gallipolis, Ohio)(born Gallipolis, Ohio)


Term expires Jan. Term expires Jan. 20172017

Robert S. Smith Robert S. Smith


(replaced RW (replaced RW [Pataki])[Pataki])

From NYCFrom NYC Mandatory age Mandatory age

retirement 2014retirement 2014

Eugene F. Pigott, Jr. Eugene F. Pigott, Jr.


(replaced GBS (replaced GBS [Cuomo])[Cuomo])

From Grand Island From Grand Island [Buffalo Metro Area][Buffalo Metro Area]

(born Rochester, (born Rochester, NY)NY)


Theodore T. Jones Jr. Theodore T. Jones Jr.

Appointed 2007 by Appointed 2007 by Spitzer (replaced Spitzer (replaced AMR [Pataki]AMR [Pataki]

From NYCFrom NYC Mandatory age Mandatory age

retirement 2014retirement 2014

Richard C. Wesley Richard C. Wesley (resigned 2003)(resigned 2003)

Appointed 1997 by PatakiAppointed 1997 by Pataki

(replaced RDS [Cuomo])(replaced RDS [Cuomo]) From LivoniaFrom Livonia

[Rochester area][Rochester area]

(born Canandaigua, New (born Canandaigua, New York)York)

Resigned for 2d Circuit Resigned for 2d Circuit appointment, 2003appointment, 2003

Pataki replaced w/RS Pataki replaced w/RS SmithSmith

George Bundy Smith George Bundy Smith (retired 2006) (retired 2006) Appointed 1992 by Appointed 1992 by

CuomoCuomo

(replaced FA [Cuomo])(replaced FA [Cuomo]) From NYC (born New From NYC (born New

Orleans)Orleans) Denied reappointment Denied reappointment

by Pataki September by Pataki September 20062006

(mandatory age (mandatory age retirement would have retirement would have been 2007)been 2007)

Pataki replaced w/ Pataki replaced w/ PigottPigott

Albert M. Rosenblatt Albert M. Rosenblatt (retired 2006)(retired 2006)


(replaced VJT (replaced VJT [Cuomo])[Cuomo])

From Dutchess From Dutchess County (born NYC)County (born NYC)

Reached mandatory Reached mandatory retirement age, 2006retirement age, 2006

Spitzer replaced w/ Spitzer replaced w/ JonesJones

Court of Appeals: Recent CourtCriminal Law Voting (Successive 2 Years through Spring '07)

0

10

20

30

40

50

60

70

80

90


Source: Vincent M. Bonventre, Albany Law School 10/'07

Pro

-De

fen

da

nt

Vo

tin

g P

erc

en

t

Fall '01 - Spring '03 67 48 43 24 10 0 10

Fall '03 - Spring '05 70 63 63 52 35 11 11

Fall '05 - Spring '07 90 47 44 24 47 18 18 27 100

GB Smith ( - 9/'06)

Ciparick KayeRosenblatt ( - 12/'06)

RS Smith ('04 - )

Graffeo ('01 - )

Read ('03 - )

Wesley ('97 - '03)

Pigott ( 9/'06 - )

Jones ( 2/'07 - )

The Selection ProcessThe Selection Process Background: Wachtler, Fuchsberg, Background: Wachtler, Fuchsberg,

Breitel, CareyBreitel, Carey Commission: composition, purpose Commission: composition, purpose

[evaluate, report, recommend][evaluate, report, recommend]

Applications: notice, solicitation, Applications: notice, solicitation, applicantsapplicants

Interviews: prelim evaluation, in-Interviews: prelim evaluation, in-person meeting person meeting

Vincent M. Bonventre, 12/06Vincent M. Bonventre, 12/06

The Process The Process cont’dcont’d

Voting: ranking/no-ranking, 2/3 Voting: ranking/no-ranking, 2/3 support, re-voting & winnowing support, re-voting & winnowing

Findings & Recommendations: Findings & Recommendations: 3-7 candidates3-7 candidates““report” on “character, report” on “character, temperament, professional aptitude, temperament, professional aptitude, experience, qualifications and experience, qualifications and fitness”fitness”——otherwise entirely confidentialotherwise entirely confidential

Vincent M. Bonventre, 12/06Vincent M. Bonventre, 12/06


Gubernatorial Nomination: limited Gubernatorial Nomination: limited to list, agenda?to list, agenda?

Senatorial Advice & Consent: Senatorial Advice & Consent: committee hearing, full senate, committee hearing, full senate, “advice” or just consent?“advice” or just consent?

Vincent M. Bonventre, Vincent M. Bonventre, 12/0612/06


Election vs “Nonpolitical Merit” Election vs “Nonpolitical Merit” Appointment: Appointment: Pros / ConsPros / Cons Final Product, ComparisonsFinal Product, Comparisons EssentialsEssentials

Vincent M. Vincent M.

Bonventre, 12/06Bonventre, 12/06

Making the Making the Current CourtCurrent Court

Appointments & Appointees:Appointments & Appointees:From Cuomo thru Pataki to SpitzerFrom Cuomo thru Pataki to Spitzer

The Wachtler & Kaye CourtsThe Wachtler & Kaye Courts

Voting and Decisional PatternsVoting and Decisional Patterns

Vincent Martin Bonventre, 10/07Vincent Martin Bonventre, 10/07

Late Wachtler – Early Late Wachtler – Early KayeKaye

All Cuomo CourtAll Cuomo Court Late Wachtler eraLate Wachtler era

Pro-prosecution recordPro-prosecution recordWachtler/Bellacosa v. Wachtler/Bellacosa v.

Kaye/TitoneKaye/Titone

Post-Wachtler – Early KayePost-Wachtler – Early KayePro-defendant swingPro-defendant swingWachtler Court – Kaye Court Wachtler Court – Kaye Court

transitiontransition

Court of Appeals: Criminal Law VotingLate Wachtler - Early Kaye (All Cuomo Court)

0

10

20

30

40

50

60

70

80

90

100



Pro

-Def

end

ant

Vo

tin

g P

erce

nt

1990 & 1991 91 48 26 17 4

post W / early K (11/92-5/94) 81 63 63 52 48 24 13

Titone (- '98)

Ciparick KayeGB Smith ( - 9/'06)

COURTLevine

('93 - '02)Wachtler ( -'92)

Bellacosa ( - '00)

Emerging Kaye CourtEmerging Kaye CourtAll Cuomo CourtAll Cuomo Court

RepriseRepriseLate WachtlerLate WachtlerEarly KayeEarly Kaye

Emerging Kaye CourtEmerging Kaye CourtPro-defendant swing persistsPro-defendant swing persistsKaye/Titone/G.B. Kaye/Titone/G.B.

Smith/Ciparick Smith/Ciparick “liberal” majority“liberal” majority

Court of Appeals: Criminal Law VotingEmerging Kaye Court (All Cuomo Court)

0

10

20

30

40

50

60

70

80

90

100



Pro

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fen

da

nt

Vo

tin

g P

erc

en

t

1990 & 1991 91 48 26 17 4

post W / early K (11/92-5/94) 81 63 63 52 48 24 13

1994 & 1995 81 65 60 45 45 15 25

Titone (- '98)

Ciparick KayeGB Smith ( - 9/'06)

COURTLevine

('93 - '02)Wachtler ( -'92)

Bellacosa ( - '00)

Cuomo to Pataki Cuomo to Pataki TransitionTransition RepriseReprise

Post-Wachtler / Early KayePost-Wachtler / Early Kaye

Emerging Kaye CourtEmerging Kaye Court

Pataki’s Court-BashingPataki’s Court-Bashing

Pro-prosecution Pro-prosecution “adjustment”“adjustment”

Kaye/Ciparick voting shiftKaye/Ciparick voting shift

Court of Appeals: Criminal Law VotingCuomo - Pataki Transition

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10

20

30

40

50

60

70

80

90

100



Pro

-Def

end

ant

Vo

tin

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erce

nt

post W / early K (11/92-5/94) 81 52 63 63 48 24 13

1994 & 1995 81 45 65 60 45 15 25

Fall '96 - Spring '98 80 47 53 27 27 31 33 0

Fall '97 - Spring '99 100 69 46 31 31 50 8 15

Titone (- '98)

GB Smith ( - 9/'06)

Ciparick Kaye COURTLevine

('93 - '02)Bellacosa ( - '00)

Wesley ('97 - '03)

Trending-Pataki CourtTrending-Pataki Court RepriseReprise

Emerging Kaye CourtEmerging Kaye CourtPataki’s Court-bashingPataki’s Court-bashing

Pataki’s Increasing ImpactPataki’s Increasing ImpactKaye/Ciparick shift persistsKaye/Ciparick shift persistsPataki’s appointees:Pataki’s appointees:

WesleyWesley for for SimonsSimonsRosenblattRosenblatt Titone Titone GraffeoGraffeo BellacosaBellacosaCourt’s pro-prosecution recordCourt’s pro-prosecution record

[But][But] Rosenblatt: the “non” Pataki Rosenblatt: the “non” Pataki appointee ?appointee ?

Court of Appeals: Criminal Law VotingTrending-Pataki Court

0

10

20

30

40

50

60

70

80

90

100

Judge (Pro-Defendant Voting Percent:

divided criminal decisionsSource: Vincent M. Bonventre, Albany Law School 10/07

Pro

-Def

end

ant

Vo

tin

g P

erce

nt

Fall '96 - Spring '98 80 47 31 53 27 27 33 0

Fall '97 - Spring '99 100 69 50 46 31 31 8 15

2000 & 2001 57 36 29 36 21 36 7 0

Titone ( - '98)

GB Smith ( - 9/'06)

Levine ('93 - '02)

Ciparick Kaye COURTRosenblatt

('99-12/'06)Bellacosa ( - '00)

Wesley ('97 - '03)

Graffeo ('01 - )

Kaye: Public Law Voting1987 - 2001 (5 Year Segments)

0

10

20

30

40

50

60

Judge (Pro-Individual Rights Voting Percent)Source: Vincent M. Bonventre, Albany Law School 10/07

Adpted from:STREAMS OF TENDENCY ON THE NEW YORK COURT (2003)

Pro

-In

div

idu

al R

igh

ts V

oti

ng

Pe

rce

nt Civil & Criminal Civil Criminal

Civil & Criminal 54 51 35

Civil 49 44 38

Criminal 57 56 32

1987-1991 1992-1996 1997-2001

Ciparick: Public Law Voting1994 - 2001 (4 Year Segments)

0

10

20

30

40

50

60

70

Judge (Pro-Individual Rights Voting Percent)Source: Vincent M. Bonventre, Albany Law School 10/07

Adopted from:STREAMS OF TENDENCY ON THE NEW YORK COURT (2003)

Pro

-In

div

idu

al R

igh

ts V

oti

ng

Pe

rce

nt

Civil & Criminal

Civil

Criminal

Civil & Criminal 63 29

Civil 70 24

Criminal 58 31

1994-1997 1998-2001

Pataki’s Court ?Pataki’s Court ? RepriseReprise

Pataki’s Increasing Impact: “Bashing” + Pataki’s Increasing Impact: “Bashing” + AppointmentsAppointments

Pataki’s MajorityPataki’s Majority [Simons to Wesley to][Simons to Wesley to] R.S. SmithR.S. Smith [Titone to][Titone to] RosenblattRosenblatt [Bellacosa to][Bellacosa to] GraffeoGraffeo [Levine to][Levine to] ReadRead

ButBut Court Court ReRe-Adjustment ?-Adjustment ?Kaye/Ciparick Kaye/Ciparick ReRe-shift-shiftPataki’s Judges: Wesley, Graffeo, Read Pataki’s Judges: Wesley, Graffeo, Read

““Non”Non” Pataki Judge: Pataki Judge: RosenblattRosenblatt

R.S. Smith (?)R.S. Smith (?)Court’s Pro-defendant Swing Back (?)Court’s Pro-defendant Swing Back (?)

Court of Appeals: Pataki's Court ?Criminal Law Voting Trends in Pataki Era

0

10

20

30

40

50

60

70

80

Judge (Pro-Defendant Voting Percent: divided criminal decisions) Source: Vincent M. Bonventre, Albany Law School 10/07

Pro

-Def

end

ant

Vo

tin

g P

erce

nt

Fall '97 - Spring '99 69 46 31 31 15

2000 & 2001 57 29 36 36 21 7 0

Fall '01 thru Spring '03 67 48 43 24 19 10 10 0

Fall '03 thru Spring '05 70 63 63 52 41 35 11 11

GB Smith ( - 9/'06)

Ciparick KayeRosenblatt

('99 - 12/'06)COURT

RS Smith ('04 - )

Wesley ('97 - '03)

Graffeo ('01 - )

Read ('03 - )

Emerging Current CourtEmerging Current Court: : 2006, 2007 & Beyond2006, 2007 & Beyond

Re-Re-Emerged Pro-defendant WingEmerged Pro-defendant WingKaye & Ciparick [& G.B. Smith] Kaye & Ciparick [& G.B. Smith]

Solid Pro-prosecution VotesSolid Pro-prosecution VotesGraffeo & ReadGraffeo & Read

[Rosenblatt in the Center][Rosenblatt in the Center] The Less Predictable R.S. SmithThe Less Predictable R.S. Smith An Unmistakable SpectrumAn Unmistakable Spectrum

Kaye/Ciparick [& G.B. Smith] Kaye/Ciparick [& G.B. Smith] Graffeo/ReadGraffeo/ReadR.S. Smith [& Rosenblatt]R.S. Smith [& Rosenblatt]

QuestionsQuestions?? G.B. Smith Replaced by Pigott???? G.B. Smith Replaced by Pigott???? Rosenblatt replaced by Jones???? Rosenblatt replaced by Jones??

Court of Appeals: Recent YearsCriminal Law Voting (6, 2 & 1 Year Segments)

0

10

20

30

40

50

60

70

80

90



Pro

-Def

end

ant V

otin

g P

erce

nt

Fall '01 - Spring '07 [6yrs] 75 52 50 34 33 43 13 11

Fall '05 - Spring '07 [2yrs] 90 47 44 24 35 47 18 18

Fall ''06 - Spring '07 [1yr] 57 50 36 64 14 14 27 100

GB Smith (-9/'06)

Ciparick KayeRosen-

blatt ('99-12/'06)

COURTRS Smith ('04 - )

Graffeo ('01 - )

Read ('03 - )

Pigott (9/'06 - )

Jones (2/'07 - )

Court of Appeals: Current JudgesCriminal Law Voting (Recent 6, 2 & 1 Year Segments)

0

10

20

30

40

50

60

70

80

90



Pro

-Def

end

ant V

otin

g P

erce

nt

Fall '01 - Spring '07 [6yrs] 52 50 43 33 13 11

Fall '05 - Spring '07 [2yrs] 47 44 47 35 18 18

Fall ''06 - Spring '07 [1yr] 100 57 50 64 36 27 14 14

Jones (2/'07 - )


COURTPigott

(9/'06 - )Graffeo ('01 - )

Read ('03 - )

Court of Appeals: Criminal Law VotingCuomo Judges vs Pataki Judges

0

10

20

30

40

50

60

70

80

90



Pro

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fen

da

nt

Vo

tin

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erc

en

t

CUOMO: '90 & '91 91 48 17 4

CUOMO: early K (11/92-5/94) 81 52 63 63 24 13

PATAKI: F '01 - S '03 [2yrs] 67 48 43 18 24 10 10 0

PATAKI: F '03 - S '05 70 63 63 52 35 11 11

Titone ( - '98)

GB Smith (-9/'06)

Ciparick KayeLevine

('93 - '02)Wachtler

( -'92)Bellacosa

( - '00)

Rosenb't ('99 -

12/'06 )

RS Smith ('04 - )

Wesley ('97 - '03)

Graffeo ('01 - )

Read ('03 - )

Court of Appeals: Criminal Law VotingCuomo / Pataki / Spitzer Judges

0

10

20

30

40

50

60

70

80

90



Pro

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fen

da

nt

Vo

tin

g P

erc

en

t

CUOMO: '90 & '91 91 48 17 4

CUOMO: early K (11/92-5/94) 81 52 63 63 24 13

PATAKI: F '01 - S '03 [2yrs] 67 48 43 18 24 10 10 0

PATAKI: F '03 - S '05 70 63 63 52 35 11 11

Pataki-Spitzer:F'05-S'07 57 50 64 27 14 14 100

Titone ( - '98)

GB Smith (-9/'06)

Ciparick KayeLevine

('93 - '02)Wachtler

( -'92)Bellacosa

( - '00)

Rosenb't ('99 -

12/'06)

RS Smith ('04 -)

Pigott (9/'06 -)

Wesley ('97 - '03)

Graffeo ('01 -)

Read ('03 -)

Jones (2/'07 -)

Future CourtFuture CourtSpitzer’s Opportunities ?Spitzer’s Opportunities ?

RosenblattRosenblatt Replacement, Jan. 2007 Replacement, Jan. 2007[Jones][Jones]

KayeKaye Reappointment/Replacement, March Reappointment/Replacement, March 20072007

[Reappointment][Reappointment] Mandatory Retirement, 2008 Mandatory Retirement, 2008

CiparickCiparick Reappoint./Replacement, Jan. 2008 Reappoint./Replacement, Jan. 2008 Mandatory Retirement, 2012Mandatory Retirement, 2012

GraffeoGraffeo Reappoint./Replacement, Nov. 2014 Reappoint./Replacement, Nov. 2014 Mandatory Retirement, 2022Mandatory Retirement, 2022

R.S. SmithR.S. Smith Mandatory Retirement, 2014 Mandatory Retirement, 2014 JonesJones Mandatory Retirement, 2014 Mandatory Retirement, 2014 PigottPigott Mandatory Retirement, 2016 Mandatory Retirement, 2016 ReadRead Reappointment/Replacement Jan. 2017 Reappointment/Replacement Jan. 2017

Mandatory Retirement, 2017Mandatory Retirement, 2017

Recent Decisions on Recent Decisions on GovernanceGovernance

Gubernatorial PowerGubernatorial Power Death PenaltyDeath Penalty Separation of PowersSeparation of Powers Budget ProcessBudget Process Financing Public EducationFinancing Public Education Agency Policy Making AuthorityAgency Policy Making Authority Immigration PolicyImmigration Policy

JOHNSON V. PATAKI (1997)JOHNSON V. PATAKI (1997)

──Death PenaltyDeath Penalty ──Gubernatorial authorityGubernatorial authority

The grant of discretionary authority to district attorneys in the first-The grant of discretionary authority to district attorneys in the first-degree murder statute does not foreclose superseder of a district degree murder statute does not foreclose superseder of a district attorney by the Governor. attorney by the Governor. Executive Law § 63 (2) authorizes authorizes superseder even in the absence of a request by a district attorney. superseder even in the absence of a request by a district attorney. The Governor’s stated objective was not to override the District The Governor’s stated objective was not to override the District Attorney’s discretionary authority regarding sentencing. Rather, it Attorney’s discretionary authority regarding sentencing. Rather, it was to assure that discretion would be exercised where the District was to assure that discretion would be exercised where the District Attorney's "blanket policy" against the death penalty might have Attorney's "blanket policy" against the death penalty might have foreclosed any exercise of discretion. foreclosed any exercise of discretion.

Votes:Votes:Kaye Bellacosa Levine WesleyKaye Bellacosa Levine Wesley v.v.Titone GB Smith CiparickTitone GB Smith Ciparick

COHEN V. STATE (1999)COHEN V. STATE (1999)

──Separation of PowersSeparation of Powers ──Budget ProcessBudget Process

Under chapter 635 of the Laws of 1998, the Legislature must Under chapter 635 of the Laws of 1998, the Legislature must have "finally acted on" the appropriations submitted by the have "finally acted on" the appropriations submitted by the Governor before individual legislators may be paid. The Governor before individual legislators may be paid. The inducement does not require that the Legislature pass the inducement does not require that the Legislature pass the Governor's budget; only that it pass Governor's budget; only that it pass aa budget The Act does not budget The Act does not impermissibly merge or shift the powers between those two impermissibly merge or shift the powers between those two branches; it does not create or result in "extortionate economic branches; it does not create or result in "extortionate economic pressurepressure. .

Votes:Votes:Kaye Bellacosa Levine Ciparick Kaye Bellacosa Levine Ciparick Wesley RosenblattWesley Rosenblatt v.v. GB SmithGB Smith

SILVER V. PATAKI (2001)SILVER V. PATAKI (2001)

──Interbranch LawsuitInterbranch Lawsuit ──Budget ProcessBudget Process

As "Member and Speaker, New York State Assembly," Silver As "Member and Speaker, New York State Assembly," Silver may bring an action against the Governor claiming that the may bring an action against the Governor claiming that the Governor had no authority to exercise 55 line-item vetoes in Governor had no authority to exercise 55 line-item vetoes in "non-appropriation" bills. Silver brought the action to obtain a "non-appropriation" bills. Silver brought the action to obtain a declaration that the vetoes violated article IV, § 7 of the New declaration that the vetoes violated article IV, § 7 of the New York Constitution, and that legislation relating to the budget York Constitution, and that legislation relating to the budget that does not appropriate money is not subject to the line-item that does not appropriate money is not subject to the line-item veto power. The Governor contends that the bills in question veto power. The Governor contends that the bills in question were part of the budget process and contained items of were part of the budget process and contained items of appropriation subject to his line-item veto.appropriation subject to his line-item veto.

Votes:Votes:Kaye Smith Levine Ciparick Kaye Smith Levine Ciparick Wesley RosenblattWesley Rosenblatt v.v. GraffeoGraffeo

PATAKI V. NY ASSEMBLYPATAKI V. NY ASSEMBLY SILVER V. PATAKI (2004) SILVER V. PATAKI (2004)

──Separation of PowersSeparation of Powers ──Budget ProcessBudget Process

The Governor did not exceed constitutional limits on what his The Governor did not exceed constitutional limits on what his appropriation bills may contain under the “executive budget” appropriation bills may contain under the “executive budget” provisions of the state constitution. The line between "policy" and provisions of the state constitution. The line between "policy" and "appropriations" is essentially nonexistent: every dollar the State "appropriations" is essentially nonexistent: every dollar the State spends is spent on substance, and the decision of how much to spends is spent on substance, and the decision of how much to spend and for what purpose is a policy decision. Resolving such spend and for what purpose is a policy decision. Resolving such disputes in the courtroom might produce “judicial budgeting.”disputes in the courtroom might produce “judicial budgeting.”

[For example, the Governor proposed to appropriate $ 8.3 billion for [For example, the Governor proposed to appropriate $ 8.3 billion for "general support for public schools” with 17 pages of provisos and "general support for public schools” with 17 pages of provisos and conditions, determining (based on pupil population, services conditions, determining (based on pupil population, services provided and many other factors) how much money would go to provided and many other factors) how much money would go to each school district. Other appropriation bills also contained each school district. Other appropriation bills also contained language changing the method for computing Medicaid rates language changing the method for computing Medicaid rates payable to residential health care facilities and appropriating funds payable to residential health care facilities and appropriating funds to a proposed Office of Cultural Resources.]to a proposed Office of Cultural Resources.]

Votes:Votes:Graffeo Read RS Smith + GB Smith Graffeo Read RS Smith + GB Smith RosenblattRosenblatt v.v. Kaye CiparickKaye Ciparick

CAMPAIGN FOR FISCAL CAMPAIGN FOR FISCAL EQUITY V. STATE (2003)EQUITY V. STATE (2003)

──Public School FundingPublic School Funding ──State Constitutional Guarantee State Constitutional Guarantee

of Educationof Education The State must ascertain the actual cost of providing a The State must ascertain the actual cost of providing a

sound basic education, as required by art XI, § 1 of the state sound basic education, as required by art XI, § 1 of the state constitution, in New York City. Reforms to the current constitution, in New York City. Reforms to the current system of financing school funding and managing schools system of financing school funding and managing schools should ensure that every school in New York City would should ensure that every school in New York City would have the resources necessary for providing a sound basic have the resources necessary for providing a sound basic education.education.

Votes:Votes:Kaye GB Smith Ciparick Kaye GB Smith Ciparick RosenblattRosenblatt v.v. Read [Graffeo Read [Graffeo not participating]not participating]

CAMPAIGN FOR FISCAL CAMPAIGN FOR FISCAL EQUITY V. STATE (2006)EQUITY V. STATE (2006)

──State Constitutional Guarantee of State Constitutional Guarantee of EducationEducation

──Judicial vs. Gubernatorial AuthorityJudicial vs. Gubernatorial Authority

The Governor’s estimate of $ 1.93 billion in additional The Governor’s estimate of $ 1.93 billion in additional annual operating funds was reasonable, and that the annual operating funds was reasonable, and that the courts should defer to this estimate; Supreme Court courts should defer to this estimate; Supreme Court should not have appointed a blue-ribbon panel to should not have appointed a blue-ribbon panel to make independent calculations.make independent calculations.

Votes:Votes:Rosenblatt Read RSS Smith PigottRosenblatt Read RSS Smith Pigott v.v.Kaye CiparickKaye Ciparick[Graffeo not participating][Graffeo not participating]

CUBAS V. MARTINEZ CUBAS V. MARTINEZ (2007)(2007)

──Administrative AuthorityAdministrative Authority ──Immigration PolicyImmigration Policy

The Department of Motor Vehicles (DMV) policy to deny driver's The Department of Motor Vehicles (DMV) policy to deny driver's licenses to applicants w/o valid social security numbers (SSNs), licenses to applicants w/o valid social security numbers (SSNs), unless they provide immigration documents issued by the Department unless they provide immigration documents issued by the Department of Homeland Security (DHS). This requirement of DHS documentation of Homeland Security (DHS). This requirement of DHS documentation does not impose a new obligation, but merely comports with a pre-does not impose a new obligation, but merely comports with a pre-existing regulation, 15 NYCRR § 3.9, that applicants supply "proof existing regulation, 15 NYCRR § 3.9, that applicants supply "proof that [they are] not eligible for a social security number." The that [they are] not eligible for a social security number." The Commissioner is not unlawfully setting immigration policy -- an act Commissioner is not unlawfully setting immigration policy -- an act well outside the scope of his authority -- in the guise of verifying well outside the scope of his authority -- in the guise of verifying identityidentity..

Votes:Votes:Graffeo Read RSS Smith Pigott JonesGraffeo Read RSS Smith Pigott Jones v. v. Kaye CiparickKaye Ciparick

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