A lawsuit seeking to get Gov. Pataki's environmental bond act knocked off the ballot has been kept alive by a federal court ruling.
U.S. District Court Judge Thomas McAvoy did not issue a restraining order against the campaign for the $1.75 billion bond act. McAvoy also refused to expedite the case filed by state government critic Robert Schulz.
But McAvoy wrote last week that Schulz has "shown a substantial likelihood of success on the merits" and added that the court could invalidate the bond act after Nov. 5, even if it received voter approval.
Schulz claims that continued borrowing by state government violates the State Constitution.
The Appellate Division of State Supreme Court had refused to block the administration from pushing the bond act.