ALBANY – Just days before the release of the state budget, a judge in Albany has held that the New York State Legislature exceeded its authority and violated the Constitution last year when it amended appropriation bills and largely replaced Governor Pataki’s budget with one of its own.
The ruling yesterday by Supreme Court Justice Bernard J. Malone Jr. has potentially enormous implications, both legally and politically, immediately and long term. Even though Justice Malone stayed implementation of his own decision pending an inevitable appeal, the ruling will affect discussions, negotiations and legislative actions that result after Governor Pataki unveils his 2002-2003 budget on Tuesday.
