CUBAS v. MARTINEZ


8 N.Y.3d 611 (2007)

870 N.E.2d 133

838 N.Y.S.2d 815

MARIA CUBAS et al., Appellants, v. RAYMOND MARTINEZ, Individually and as Commissioner of the New York State Department of Motor Vehicles, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 2007.


Attorney(s) appearing for the Case

Patterson Belknap Webb & Tyler LLP, New York City (Adam J. Pessin, Steven A. Zalesin and Christine H. Miller of counsel), and Puerto Rican Legal Defense and Education Fund (Foster S. Maer and Jackson Chin of counsel), for appellants.

Andrew M. Cuomo, Attorney General, New York City (Gregory Silbert, Barbara D. Underwood and Michael S. Belohlavek of counsel), for respondent.

Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge SMITH; Judge CIPARICK dissents in part in a separate opinion in which Chief Judge KAYE concurs.


OPINION OF THE COURT

SMITH, J.

The Department of Motor Vehicles (DMV) will not issue driver's licenses to applicants who lack valid Social Security numbers (SSNs), unless those applicants prove that they are ineligible for SSNs. As proof of ineligibility the DMV requires applicants to submit immigration documents issued by the Department of Homeland Security (DHS).

Plaintiffs, claiming that this DMV...

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