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CJA's Citizen Taxpayer Action to End NYS' Corrupt Budget "Process"
&
Unconstitutional "Three Men in a Room"
Governance
SUPREME COURT OF THE STATE OF NEW
YORK
COUNTY OF ALBANY
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CENTER FOR JUDICIAL ACCOUNTABILITY, INC.
and ELENA RUTH SASSOWER, individually and as Director of the Center for
Judicial Accountability, Inc., acting on their own behalf and on behalf of
the People
of the State of New York & the Public Interest,
-against-
ANDREW M. CUOMO, in his official capacity
as Governor of the State of New York, DEAN SKELOS in his official capacity
as Temporary Senate President,
THE
NEW YORK STATE SENATE,
SHELDON SILVER, in his official capacity as Assembly Speaker, THE NEW YORK
STATE ASSEMBLY, ERIC T. SCHNEIDERMAN, in his official capacity as Attorney
General of the State of New York, and THOMAS DiNAPOLI, in his official
capacity as Comptroller of the State of New York,
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“It is the purpose of the legislature to
recognize that each individual citizen and taxpayer of the state has an
interest in the proper disposition of all state funds and properties.
Whenever this interest is or may be
threatened by an illegal or unconstitutional act of a state officer or
employee, the need for relief is so urgent that any citizen-taxpayer should
have and hereafter does have a right to seek the remedies provided for
herein.”
State
Finance Law,
§123: “Legislative purpose”
“A budget is a statement of the financial
position of the government, for a definite period of time, based upon an
estimate of proposed expenditures and anticipated revenues…The method by
which public budgets are prepared is governed by the State Constitution and
the applicable State statutes.
The requirements contained in those
documents are not particularly burdensome and permit the executive and the
legislative officials considerable freedom of action in implementing
governmental operations and programs and providing for the revenues to fund
them.
The legal requirements they contain,
however, are grounded in the general principles of fiscal responsibility
and the accountability that underpins the regulation of all public conduct
and they must be followed.”
Korn v.
Gulotta,
72 N.Y.2d 363, 372-373 (1988), underlining added
Plaintifffs' March 28,
2014 Summons
& VERIFIED
COMPLAINT
Attorney General's
April 18, 2014 Dismissal Motion
Plaintiffs' May 16, 2014 Opposition/Cross-Motion
for summary
judgment, etc.
Attorney General's May 30, 2014 response
affirmation
&
memo of law
Plaintiffs' June 6, 2014 reply
in further support of summary judgment, etc.
reply affidavit
ex
CC
ex
DD
&
reply memo of law
Plaintiffs' June 15,
2014 OSC
to Prevent Destruction of
Records
Justice McDonough's October 9,
2014 decision & order -- & Correspondence
AAG Kerwin's November 5, 2014 Verified Answer
[plaintiffs'
marked pleading]
Plaintiffs' November 17, 2014 NOTICE OF APPEAL
& PRE-CALENDAR
STATEMENT
Plaintiffs' December 8, 2014 Plaintiffs' Interrogatory Questions
& Document
Demands
Attorney General's January 15, 2015 Response
New
York State Constitution, Article III,
§11:
"For any speech or debate in either house of the
legislature,
the members shall not be questioned in any other
place."
Plaintiffs' February 4, 2015 letter to
the Justice McDonough
Justice McDonough's February 18, 2015
letter to Attorney General
Attorney General's February 20, 2015 letter to Justice McDonough
cc:
Plaintiffs' February 23, 2015 letter to Senate and Assembly Fiscal
Committees
-- "YOUR FEBRUARY 26, 2015
'PUBLIC PROTECTION' BUDGET HEARING: Reconsidering Your Denial of
CJA's Request to Testify, Pursuant to Legislative Law
§32-a, in Opposition to the Proposed Judiciary and
Legislative Budgets -- and the Governor's Budget Bill
#S.2001/A.3001"
Justice McDonough's February 25, 2015 letter
Plaintiffs' March 31, 2015 motion for leave
to
supplement verified complaint
Attorney General's July 15, 2015 Notice of Entry
for
Justice McDonough's June 24, 2015 decision/order
Attorney
General's July 28, 2015 Dismissal/Summary Judgment Motion
Plaintiffs'
September 22, 2015 Opposition to Dismissal/Summary Judgment Motion &
Cross-Motion for Summary Judgment & Other Relief
Plaintiffs-Appellants' Appeal -- Appellate Division, 3rd Dept.
STATE FINANCE
LAW:
ARTICLE 7A
CITIZEN-TAXPAYER ACTIONS
§123. Legislative purpose.
It is the purpose of the legislature to recognize that each individual
citizen and taxpayer of the state has an interest in the
proper disposition of all state funds and properties. Whenever this interest
is or may be threatened by an illegal or
unconstitutional act of a state officer or employee, the need for relief is
so urgent that any citizen-taxpayer should have and hereafter does have a
right to seek the remedies provided for herein.
§123-a.
Definitions.
1. Citizen. A "citizen"
is any person who is a resident of the state.
2. Taxpayer. A
"taxpayer" is any citizen who has paid or is paying
state income or state sales taxes.
3. Person.
A "person" is any individual, public
or private corporation, political subdivision, department or agency of
the state or any local government, the attorney general, an association, or
any other legal entity whatsoever.
§123-b. Action for
declaratory and equitable relief.
1. Notwithstanding any inconsistent
provision of law, any person, who is a citizen taxpayer,
whether or not such person is or may be affected or specially
aggrieved by the activity herein referred to, may maintain an action
for equitable or declaratory relief, or both, against an officer or employee
of the state who in the course of his or her duties
has caused, is now causing, or is about to
cause a wrongful expenditure,
misappropriation, misapplication,
or any other illegal
or unconstitutional disbursement of state funds or state
property, except that the provisions of this
subdivision shall not apply to the
authorization, sale, execution or delivery of
a bond issue or notes issued in anticipation thereof
by the state or any agency,
instrumentality or subdivision thereof or by any public
corporation or public benefit corporation.
2. A
plaintiff in such an action may join as a party defendant
the recipient or intended recipient of such a
wrongful expenditure, misappropriation, misapplication, or any other
illegal or unconstitutional disbursement of state funds or state
property.
§123-c.
Pleadings and procedure.
1. An action
pursuant to this article shall be brought in the supreme court in any county
wherein the disbursement has occurred, is likely to occur,
or is occurring, or in the county in which the state officer
or employee has his or her principal office.
2. The complaint in
such action shall be either verified or supported by affidavits.
3. Where the plaintiff in
such action is a person other than the attorney
general, a copy of the summons and complaint shall be served
upon the attorney general.
4. An action under the
provisions of this article shall be heard upon such notice
to such officer or employee as the court, justice or judge shall direct, and
shall be promptly determined. The action shall have
preference over all other causes in all courts.
§123-d. Security for
costs.
At any stage of the
action, upon motion by the defendant, or upon its own initiative, the court
may order the plaintiff to give an undertaking for costs and taxable
disbursements not to exceed the sum of twenty-five hundred dollars. If
plaintiff shall not have given such undertaking at
the expiration of sixty days from the date of service of the order upon him
or her, the court may, upon motion of the defendant, dismiss the action and
award costs to the defendant. This section shall not
apply to any action commenced by the attorney general in the name of and on
behalf of the people of the state.
§123-e. Relief by the court.
1. The court may grant equitable
or declaratory relief, or both, including, but not limited to:
enjoining the activity complained of; restitution to the
state of those public funds disbursed or public property alienated; in
the case of public property wrongfully alienated,
compelling payment of the full market value; a declaration that
a proposed disbursement or alienation of
property would be illegal; and such other and further relief as
to the court may seem just and proper.
2. The court, at the commencement of an action
pursuant to this article, or at any time
subsequent thereto and prior to entry of judgment, upon
application by the plaintiff or the attorney general on behalf
of the people of the state, may grant a preliminary injunction
and impose such terms and conditions as may be necessary to restrain the
defendant if he or she threatens to commit or is committing an
act or
acts
which, if committed or continued during the pendency of the action, would
be detrimental to the public interest. A temporary
restraining order may be granted pending a hearing for a
preliminary injunction notwithstanding the requirements of
section six thousand three hundred thirteen of the civil practice law and
rules, where it appears that immediate and irreparable
injury, loss, or damage will result unless the defendant is restrained
before a hearing can be had.
§123-f. Termination of action.
No
action brought pursuant to this article shall be compromised,
discontinued or dismissed by consent, default, or
neglect to prosecute, except with approval of the court.
§123-g. Costs
and fees.
1. The
court shall have the authority to fix a reasonable sum to reimburse the
plaintiff for costs and expenses, including
attorney fees in an action wherein judgment was rendered for the
plaintiff. Such attorney fees shall only be paid
from the fund established under section one hundred
twenty-three-h of this article to the extent of money available therein.
2. No
intervenors, unless they are necessary parties, shall be awarded attorney
fees.
§123-i. Existing rights and remedies preserved.
Nothing in this article shall abridge or alter rights of
actions or remedies now or hereafter existing.
§123-j. Separability.
If any
provision of this article is held invalid, such invalidity shall
not affect other provisions which can be given effect without the
invalid provision.
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