Frank v. State
Cases that cite this one
5 later published cases cite this decision.
- Schulz v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 1995)
- New York Criminal & Civil Courts Bar Ass'n v. State (Appellate Division of the Supreme Court of New York 1979)
- St. Paul Fire & Marine Insurance v. State (N.Y. Ct. Cl. 1979)
- Forte v. Supreme Court (Appellate Division of the Supreme Court of New York 1978)
- Cary v. Cary (New York Supreme Court 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order appealed from should be affirmed, without costs, on the opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division. In addition we would note our approval of the conclusion in that opinion (61 AD2d 466, n 2) that under the Constitution it is only the succeeding Legislature, here the 1977 Legislature, which had the authority and "the duty * * * to submit each proposed amendment or amendments to the people * * * in such manner” as it shall prescribe (NY Const, art XIX, § 1). In our view that is precisely what the Constitution provides and, of course, that is exactly what was done in this case.
Judges Jasen, Gabrielli, Jones, Wachtler and Cooke concur; Chief Judge Breitel and Judge Fuchsberg taking no part.
Order affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.