Top citers, strongest first. 4 distinct citers.
How cited ↗
discussed
Cited "see"
Maron v. Silver
That clause “serves to preserve the integrity of the Legislature by preventing other branches of government from interfering with legislators in the performance of their duties” (People v Ohren- stein, 77 NY2d 38, 54 [1990]; see Matter of Straniere v Silver, 89 NY2d 825 [1996], affg on op below 218 AD2d 80, 83 [1996]).
discussed
Cited "see"
Urbach v. Farrell
He further argues that the court improperly applied the Speech or Debate Clause of the NY Constitution, which provides that "[flor any speech or debate in either house of the legislature, the members shall not be questioned in any other place” (NY Const, art III, § 11; see, Matter of Straniere v Silver, 218 AD2d 80, 82 , affd on opn below 89 NY2d 825 ), by limiting its inquiry to a threshold determination of legitimate legislative activity.
discussed
Cited "see, e.g."
Urban Justice Center v. Pataki
However, the Speech or Debate Clause does not immunize “ ‘acts which a legislator performs to secure support in the community . . . such as giving speeches in the community [and] issuing newsletters and press releases.’ ” (Matter of Rivera v Espada, 98 NY2d at 428 , quoting People v Ohrenstein, 77 NY2d at 54; see also Matter of Straniere v Silver, 218 AD2d 80 [3d Dept 1996], affd 89 NY2d 825 [1996].) While the precise question here is one of first impression, it appears to this court that the allocations of funds among legislators for the performance of activities that do not come unde…
discussed
Cited "see, e.g."
Campaign for Fiscal Equity, Inc. v. State
Ms. Henahan’s position with the State Education Department required her to work closely with legislators in the formulation of budgetary legislation, and thus, the privilege in question was properly invoked by her to safeguard the legislative function from judicial interference inimical to the Legislature’s constitutional stature and performance as a separate, coequal branch of government (see, Gravel v United States, 408 US 606, 618 ; see also, Matter of Straniere v Silver, 218 AD2d 80, 83 , affd 89 NY2d 825 ).
Retrieving the full opinion text from the archive…
In the Matter of Robert A. Straniere, Individually and as Assemblyman of the 61st Assembly District of New York, et al., Appellants,
v.
Sheldon Silver, as Speaker of the State Assembly, et al., Respondents.
v.
Sheldon Silver, as Speaker of the State Assembly, et al., Respondents.
New York Court of Appeals.
Nov 14, 1996.
Cited by 10 opinions | Published
Robert A. Straniere and Eric N. Vitaliano, Staten Island, pro se, and Raymond A. Fasano, Staten Island, for Robert A. Straniere and another, appellants.
Weil, Gotshal & Manges, L. L. P., New York City (Steven Alan Reiss, David Jason Lender and Jacqueline Haberfeld of counsel), for respondents.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.
Order affirmed, with costs, for the reasons stated in the opinion by Justice Thomas E. Mercure at the Appellate Division (218 AD2d 80).