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Pace Law Review

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I have served since 1981 as Counsel to the New York State Senate Democrats on a partial leave of absence from Hofstra University School of Law. This experience has given me the opportunity to observe state government from a perspective few academicians enjoy and to participate in the governmental decision process at a unique level. It has been an enriching experience from which I have gained respect for the state's governmental processes and the men and women who participate in them. Overall, I share Governor Cuomo's statement that "in New York neither Republicans nor Democrats apologize for Government: we see it intelligently, reasonably, proudly."

This of course does not mean that the governmental processes in New York are free from dispute; they are not and they should not be. This Article is about a dispute between the Executive and the Legislature. In this dispute I was an active participant. My position allowed me to present information that might not otherwise be available to an observer. However, during this dispute I was a strong advocate for the legislative position. This could have colored my presentation. I have tried to avoid this problem by reconsidering all of the events described and by reexamining all of the documents that relate to them in my academic cap. As a result of this reexamination, I have included certain "inconvenient facts" that I was not aware of at the time of my participation. Nevertheless, I remain convinced of the appropriateness of the Legislature's action.