Bell v. Levitt

Appellate Division of the Supreme Court of New York

Bell v. Levitt

44 A.D.2d 742, 354 N.Y.S.2d 465, 1974 N.Y. App. Div. LEXIS 5239

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 1974

StatusPublished

Cited by3 cases

This text of 44 A.D.2d 742 (Bell v. Levitt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bell v. Levitt, 44 A.D.2d 742, 354 N.Y.S.2d 465, 1974 N.Y. App. Div. LEXIS 5239 (N.Y. Ct. App. 1974).

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Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered January 7, 1974 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78. The facts are undisputed and the question to be determined is Whether petitioner, a citizen taxpayer, has standing to challenge on constitutional grounds a “budget statute” which provides for payments of certain sums of money to members of the State Assembly “in lieu of expenses” (L. 1973, ch. 600, § 9). Special Term has determined he does not. We agree. Our courts have consistently held that an individual must be personally aggrieved in order to challenge a statute’s constitutional validity. We find no basis for petitioner’s claim of standing and Special Term, therefore, properly dismissed the petition. (Matter of Taylor v. Sise, 33 N Y 2d 357; Midley v. Rockefeller, 28 N Y 2d 439; St. Clair v. Yonkers Raceway, 13 N Y 2d 72, cert. den. 375 U. S. 970.) Judgment affirmed, without costs. Staley, Jr., J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered January 7, 1974 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78. The facts are undisputed and the question to be determined is Whether petitioner, a citizen taxpayer, has standing to challenge on constitutional grounds a “budget statute” which provides for payments of certain sums of money to members of the State Assembly “in lieu of expenses” (L. 1973, ch. 600, § 9). Special Term has determined he does not. We agree. Our courts have consistently held that an individual must be personally aggrieved in order to challenge a statute’s constitutional validity. We find no basis for petitioner’s claim of standing and Special Term, therefore, properly dismissed the petition. (Matter of Taylor v. Sise, 33 N Y 2d 357; Midley v. Rockefeller, 28 N Y 2d 439; St. Clair v. Yonkers Raceway, 13 N Y 2d 72, cert. den. 375 U. S. 970.) Judgment affirmed, without costs. Staley, Jr., J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Bluebook (online)

44 A.D.2d 742, 354 N.Y.S.2d 465, 1974 N.Y. App. Div. LEXIS 5239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-levitt-nyappdiv-1974.

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