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Schulz

Schulz

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Published by Rick Karlin

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Published by: Rick Karlin on Jul 25, 2013
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08/30/2013

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STATE OF NEW YORK SUPREME COURT - ALBANY COUNTY
 ___________________________________________ 
ROBERT L. SCHULZ ,
 
Plaintiff-Petitioner,-against-
VERIFIEDCOMPLAINT-PETITION
Index No.STATE OF NEW YORK EXECUTIVE, ANDREW CUOMO,Governor; STATE OF NEW YORK LEGISLATURE,SHELDON SILVER, Speaker of the New York State Assembly;DEAN SKELOS, Temporary President and RepublicanCoalition Leader, JEFFREY KLEIN, Temporary Presidentand Democrat Coalition Leader,Defendants-Respondents.
 __________________________________________ Plaintiff-Petitioner ROBERT L. SCHULZ, alleges:1.This is a constitutional challenge and an action for declaratory and injunctive relief.
RELIEF REQUESTED
2.The relief requested herein is a final decree, judgment and order:a)declaring the Governor’s message to the Assembly and message to the Senate,signed on June 20, 2013 and June 21, 2013, respectively, calling for the immediate passage of A. 8112 and S. 5904, failed to satisfy the constitutional requirementsmandated by Article III, Section 14 of the NY Constitution, and b)declaring A. 8112 and S. 5904 (hereinafter the “ NY GAMING ECONOMICDEVELOPMENT ACT”)to be unconstitutional, null and void, and without effect,andc)declaring the Governor’s message to the Assembly and message to the Senate,signed on June 20, 2013 and June 21, 2013, respectively, calling for the immediate
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 passage of A. 8113 and S. 5903 failed to satisfy the constitutional requirementsmandated by Article III, Section 14 of the NY Constitution, andd)declaring A. 8113 and S. 5903 (hereinafter the NY TAX FREE ZONES ACT”) to be unconstitutional, null and void, and without effect, ande)declaring the Agreement between the State of New York and the Oneida Indian Nation signed on May 16, 2013, to be unconstitutional, null and void and withouteffect; and,f)declaring the Agreement between the State of New York and the St. Regis Mohawk Tribe, signed on May 21, 2013, to be unconstitutional, null and void and withouteffect; and,g)declaring the Agreement between the State of New York and the Seneca Nation of Indians, signed on June 13, 2013 to be unconstitutional, null and void and withouteffect ; and,h)for such other and further relief as to the court may seem just and proper.
PRELIMINARY STATEMENT
3.The Governor and the Legislature have violated Article III, Section 14 of our New York State Constitution, which reads:
“No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislativedays prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which inhis or her opinion necessitate an immediate vote thereon…”
4.A. 8112, S.5904, (herein after referred to as the “ NY GAMING ECONOMICDEVELOPMENT ACT”) and A.8113, S.5903 (hereinafter referred to as the “ NY TAX
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FREE ZONES ACT”) were passed by the NY Senate and the Assembly within hours of their receipt from the Governor, along with “Messages of Necessity” from the Governor that stated the bills did nothing more than correct technical errors contained in bills that had been previously delivered to the Legislature, when in fact the bills contained changes instate policy.5.The Governor and the Legislature abused their power by suspending the three-day publicreview period, not allowing time for the rank and file members of the Legislature to hear from their constituents on matters related to the bills, nor providing the rank and filemembers of the Legislature time to read and comprehend the content of the bills, all asrequired by Article III, Section 14 of the NY Constitution.6.The NY GAMING ECONOMIC DEVELOPMENT ACT also violates Article IX, Section2 of the NY Constitution which prohibits the enactment of laws that affect the property,affairs or government of one, two or more counties, but not all counties (unless 2/3 of themembers of the governing bodies of those affected counties formally request the enactmentof the law, which on information and belief did not happen).
7.
The NY TAX FREE ZONES ACT also violates other provisions of the NY Constitutionincluding Article III, § 17 (prohibits private and local laws that grant
an exemption fromtaxation on real or personal property to any person, association, firm or corporation)
 ,
Article VII,Section 8.1 (prohibits the state from giving or lending its money or credit in aid of any private corporation or association or private undertaking), Article VIII, Section 1 (prohibitscounties, cities, towns, villages and school districts from giving or lending money or  property in aid of private undertakings) and Article IX, § 2 (prohibits the enactment of laws
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