(Download) "Matter Town Islip Et Al. v. Mario M. Cuomo" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Town Islip Et Al. v. Mario M. Cuomo
- Author : Court of Appeals of New York
- Release Date : January 18, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[64 N.Y.2d 50 Page 52] Opinion OF THE COURT The limitation upon the power of the Legislature to act by special law in relation to the property, affairs or government of a local government contained in article IX (§ 2, par [b], cl [2]) of the New York Constitution must be read together with section 3 (par [a], cl [3]) of the same article, which declares that, Except as expressly provided, nothing in this article shall restrict or impair any power of the legislature in relation to: * * * [matters] other than the property, affairs or government of a local government. So read the limitation applies only to a special law which is directly concerned with the property, affairs or government of a local government and unrelated to a matter of proper concern to State government. Although ECL 27-0704, which limits disposal of solid waste by landfill in Nassau and Suffolk Counties, is a special law which affects town property (the continued use of existing landfills and the use of presently owned town property for new landfills) its purpose is the protection of the sole source aquifer for Nassau, Suffolk and part of Queens from pollution, a matter of State concern. It was, therefore, within the power of the Legislature under article IX (§ 3, par [a], cl [3]) to enact the Environmental Conservation Law section without the request or message of necessity referred to in section 2 (par [b], cl [2]) of that article. The judgment of Special Term, Suffolk County, [64 N.Y.2d 50 Page 53]
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