New York Court of Appeals

New York Public Interest Research Group, Inc. v. Hugh L. Carey, as Governor of the State of New York

November 2, 197742 N.Y.2d 527

Summary

The New York Court of Appeals reversed the Appellate Division and remitted the case for dismissal, holding that the courts may not issue an advisory opinion on the constitutionality of a bond proposition before voters decide it. The majority found the issue premature and beyond the judicial function, while a dissent argued the case was ripe and would have held the statute unconstitutional, and a concurrence would have upheld its constitutionality.