Does the Governor's action in implementing the "Settlement Agreement" constitute an assertion of unauthorized executive power?
The following excerpt is from Citizens for an Orderly Energy Policy, Inc. v. Cuomo, 576 N.Y.S.2d 185, 582 N.E.2d 568, 78 N.Y.2d 398 (N.Y. 1991):
The Governor's action in implementing the "Settlement Agreement" is an assertion of unauthorized executive power and a usurpation of legislative authority in sharp conflict with the doctrine of separation of powers which we have emphatically reaffirmed as a vital principle in New York jurisprudence (see, Under 21 v. City of New York, supra, 65 N.Y.2d at 355-356, 492 N.Y.S.2d 522, 482 N.E.2d 1). I, therefore, dissent on this ground.
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