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.