Pierre Bourquin, Respondents v. Mario M. Cuomo, as Governor of the State of New York, Appellants

Summary

The Court held that Governor Cuomo's Executive Order No. 141 creating a Citizens' Utility Board was a permissible implementation of legislative policy and did not violate the New York Constitution's separation of powers doctrine or constitute an unconstitutional gift of state property; accordingly the Court reversed the Appellate Division, granted summary judgment to the defendants and denied the plaintiffs' cross‑motion. Justice Smith dissented, arguing the order exceeded executive authority.