Sheldon Silver, as Member and Speaker of the New York State Assembly, Appellant v. George E. Pataki, as Governor of…

Summary

The Court held that Sheldon Silver, as a Member of the New York State Assembly, has both the capacity and the standing to sue to protect the effectiveness of his vote against the Governor’s line‑item vetoes, and therefore affirmed the Appellate Division’s order in part. The decision relied on the principle that a legislator may sue when his vote is allegedly nullified, distinguishing prior cases where only institutional injury was alleged. Justice Graffeo dissented, arguing that the plaintiff lacks both capacity and standing because the claim is an institutional grievance.