citizen-taxpayer challenge (New York) · Go Syfert
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citizen-taxpayer challenge in New York

6 New York opinions name it 3 courts 1977–2024 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Boryszewski v. Brydgesgreen
ny · 1975 · cited in 3 New York opinions naming this issue, 1977–1992
2 sentences

1992Conceptually, "standing” can arise under common law (where one is personally aggrieved and has a personal right to vindicate, as against a general right as a member of a general class such as a citizen-taxpayer), or under the principle of Boryszewski v Brydges ( 37 NY2d 361, 364 ), where "standing” was extended to permit a citizen-taxpayer to challenge the constitutionality of an expenditure measure as distinguished from a revenue measure, where "the failure to accord such standing would be in effect to erect an impenetrable barrier to any judicial scrutiny of legislative action.” Plaintiffs a

1977Plaintiff contends that Boryszewski v Brydges ( 37 NY2d 361 ), Wein v City of New York ( 36 NY2d 610 ) and Wein v State of New York ( 39 NY2d 136 ) have expanded the rights of a citizen taxpayer to challenge illegal actions by State officials and thus the defendants are foreclosed from raising the issue of plaintiff’s lack of standing to sue.

13
New York State Ass'n of Small City School Districts, Inc. v. Stategreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Although pursuant to State Finance Law § 123-b (1) a citizen-taxpayer may challenge what he or she believes to be an unconstitutional disbursement of state funds, here plaintiff in essence is alleging that the State has not exercised its discretion to waive its sovereign immunity with respect to the land it owns in the Town of Arkwright but that it has exercised that discretion with respect to land located in other municipalities (cf. Foss v City of Rochester, 65 NY2d 247 , 257 [1985]; New York State Assn. of Small City School Dists., Inc. v State of New York, 42 AD3d 648, 650 [2007]; Childs v

11
Childs v. Banegreen
nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Although pursuant to State Finance Law § 123-b (1) a citizen-taxpayer may challenge what he or she believes to be an unconstitutional disbursement of state funds, here plaintiff in essence is alleging that the State has not exercised its discretion to waive its sovereign immunity with respect to the land it owns in the Town of Arkwright but that it has exercised that discretion with respect to land located in other municipalities (cf. Foss v City of Rochester, 65 NY2d 247 , 257 [1985]; New York State Assn. of Small City School Dists., Inc. v State of New York, 42 AD3d 648, 650 [2007]; Childs v

11
Campaign for Fiscal Equity, Inc. v. Stategreen
ny · 1995 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Here, the complaint alleges that, through its inadequate scheme for funding public education, the State has denied small city school districts the minimum funding necessary to provide their students with the opportunity to achieve a sound basic education as mandated by the Education Article (see Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 316 [1995]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Saratoga County Chamber of Commerce, Inc. v. Pataki green
ny · 2003
1 sentence

2024Petitioners' reliance on Saratoga County Chamber of Commerce, Inc. v. Pataki , 100 NY2d 801 (2003), which involved the standing of a citizen-taxpayer to challenge the expenditure [*6]of state funds, is inapt and has no bearing on the present factual circumstances where private parties seek to enforce an agreement to which they are not signatories.

12024–2024
Wein v. Comptroller of New York green
ny · 1979
1 sentence

1992In that connection plaintiffs attack as unconstitutional the exception set forth in section 123-b (1) of the State Finance Law denying citizen-taxpayers standing to attack as unconstitutional, revenue-raising measures involving the "authorization, sale, execution or delivery of a bond issue or notes issued in anticipation thereof by the state or any agency, instrumental ity or subdivision thereof or by any public corporation or public benefit corporation.” 2 In Wein v Comptroller of State of N. Y. ( 46 NY2d 394 , supra), the Court of Appeals held not only that there was no constitutional right

11992–1992
Urban League of Rochester, N. Y. Inc. v. County of Monroe green
ny · 1980
1 sentence

1985Those cases permitted a citizen taxpayer to challenge a revenue raising and a revenue expending act, respectively (see, Matter of Urban League v County of Monroe, 49 NY2d 551, 554 ).

11985–1985
Wein v. State of New York green
ny · 1976
1 sentence

1977Plaintiff contends that Boryszewski v Brydges ( 37 NY2d 361 ), Wein v City of New York ( 36 NY2d 610 ) and Wein v State of New York ( 39 NY2d 136 ) have expanded the rights of a citizen taxpayer to challenge illegal actions by State officials and thus the defendants are foreclosed from raising the issue of plaintiff’s lack of standing to sue.

11977–1977
Wein v. City of New York green
ny · 1975
1 sentence

1977Plaintiff contends that Boryszewski v Brydges ( 37 NY2d 361 ), Wein v City of New York ( 36 NY2d 610 ) and Wein v State of New York ( 39 NY2d 136 ) have expanded the rights of a citizen taxpayer to challenge illegal actions by State officials and thus the defendants are foreclosed from raising the issue of plaintiff’s lack of standing to sue.

11977–1977

Where else courts name it

NY 6 (1977–2024) CA 2 (1991–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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