City of New York v. State of New York, 76 N.Y.2d 479 (1990)
A special law does not require a home rule message under the New York Constitution unless it directly impacts the property, affairs, or government of the affected locality; incidental or speculative effects are insufficient to trigger the home rule requirement.
Summary
This case concerns the constitutionality of a New York State law that established a procedure for Staten Island to explore secession from New York City. The law created commissions to study and propose a charter for a new City of Staten Island, subject to voter approval and legislative enactment. The City of New York challenged the law, arguing it violated the home rule provisions of the State Constitution. The Court of Appeals upheld the law, finding that it did not directly interfere with New York City’s property, affairs, or government because it was contingent on future legislative action and voter approval, rendering its impact speculative.
Facts
The New York State Legislature enacted Chapter 773, which outlined a process for Staten Island to study and potentially secede from New York City. This involved a referendum asking Staten Island voters if they wanted a charter commission to be created for the separation. If the vote was positive, a commission of Staten Island residents would draft a charter for a new City of Staten Island, hold public hearings, and eventually submit the proposed charter to the Governor and Legislature. The charter would then be subject to another vote by Staten Island residents. Only if the charter was approved by voters, would the Legislature then consider legislation enabling Staten Island’s secession. Several advisory committees were also to be created. The law explicitly stated that Staten Island would remain part of New York City until the Legislature enacted legislation enabling secession.
Procedural History
New York City challenged the constitutionality of Chapter 773 in Supreme Court. The Supreme Court granted the State’s motion for summary judgment, declaring the law constitutional. The Appellate Division affirmed, reasoning that the State had plenary power to create and organize local governments, making municipal boundaries a state concern. The Court of Appeals then affirmed, but on different grounds, declining to rule on whether actual secession legislation would require a home rule message.
Issue(s)
Whether Chapter 773 of the Laws of 1989 (as amended), which establishes a procedure for Staten Island to explore secession from New York City, constitutes an