New York Court of Appeals

In the Matter of County of Oneida v. Peter A. Berle

April 1, 198049 N.Y.2d 515

Summary

The New York Court of Appeals held that the State Director of the Budget, acting as the Governor's agent, lacks any constitutional or statutory authority to impound $7 million of legislative appropriations for municipal sewage treatment assistance. The Court affirmed the lower courts' judgment in favor of the municipalities, converting the proceeding to a declaratory action and ordering the impoundment declared unconstitutional.