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

Summary

The New York Court of Appeals held that a member of the Assembly has the capacity and standing to sue to vindicate the effectiveness of his vote when the Governor’s line‑item veto allegedly nullifies that vote, but rejected any special authority for the Speaker to sue on the Assembly’s behalf. The Court affirmed the Appellate Division’s order in part, denying the Governor’s motion to dismiss the complaint as brought by the plaintiff in his individual capacity.