New York Court of Appeals
The People of the State of New York, Respondent v. Morris S. Tremaine, as Comptroller of the State of New York…
November 19, 1929252 N.Y. 27
Summary
The Court reversed the lower court, holding that Section 139 of the State Finance Law and the segregation provisions inserted by the Legislature (including §11 of the 1929 appropriations) are unconstitutional because they assign legislative members civil appointment powers prohibited by Article III, §7 of the New York Constitution; consequently, lump‑sum appropriations must be segregated by the heads of the departments alone and the Governor may not veto part of an item.