# Golden v. Koch

> New York Court of Appeals · April 3, 1980 · 49 N.Y.2d 690

URL: https://www.frixlaw.com/law-library/cases/5532824

## Case

- **Full name:** Howard Golden v. Edward I. Koch, Individually and as Mayor of the City of New York
- **Court:** New York Court of Appeals
- **Decided:** April 3, 1980
- **Citations:** 49 N.Y.2d 690; 427 N.Y.S.2d 780; 404 N.E.2d 1321; 1980 N.Y. LEXIS 2192
- **Precedential status:** Published
- **Opinion:** Dissent by Meyer
- **Judges:** Jasen, Meyer
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5532824

## Opinion text

Meyer, J.
(dissenting). While I heartedly endorse abandonment of the "intelligent, careful voter” rule, I dissent and vote to reverse and reinstate the judgment entered by Mr. Justice Stecher, essentially for the reasons stated in his thorough and thoughtful opinion, the materials referred to therein being, in my view, persuasive that it was not intended that the Mayor vote on budget modifications or any other phase of the budget.
Chief Judge Cooke and Judges Jones, Wachtler and Fuchsberg concur with Judge Jasen; Judge Meyer dissents and votes to reverse in a memorandum in which Judge Gabrielli concurs.
Order affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5532824. Public record. Not legal advice.