New York Court of Appeals

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

June 13, 199585 N.Y.2d 781

Summary

The New York Court of Appeals held that Governor Cuomo's Executive Order No. 141 creating the Citizens' Utility Board did not violate the separation of powers doctrine or constitute an unconstitutional gift of state property, and therefore reversed the Appellate Division's decision; Justice Smith dissented, arguing the order exceeded executive authority.