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LAVALLE v. HAYDEN

98 N.Y.2d 155 (2002)

773 N.E.2d 490

746 N.Y.S.2d 125

KENNETH P. LAVALLE et al., Appellants, v. CARL T. HAYDEN et al., as Regents of the Board of Regents of the University of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 2002.

Attorney(s) appearing for the Case

Hamburger, Maxson & Yaffe, LLP, Melville (Richard Hamburger, David N. Yaffe and Lane T. Maxson of counsel), for appellants.

Cravath, Swaine & Moore, New York City (Frederick A.O. Schwarz, Jr., and Mary Eaton of counsel), and Kathy A. Ahearn, Albany, for Carl T. Hayden and others, respondents.

Eliot Spitzer, Attorney General, New York City (Melanie L. Oxhorn, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for State of New York and another, respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

The question presented by this appeal is whether the joint ballot provisions of Education Law § 202, providing for an alternative means of electing members of the State Board of Regents, where the Senate and Assembly fail to elect by concurrent resolution, violate article XI, §§ 1 and 2—the Education Article—of the New York State Constitution. We say that they do not.

Plaintiffs Kenneth...

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