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GODFREY v. DINAPOLI

22 Misc.3d 249 (2008)

866 N.Y.S.2d 844

MARGARET GODFREY et al., Plaintiffs, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York, and as Sole Trustee of New York State and Local Retirement System, Defendant, and PERI RAINBOW et al., Defendants-Intervenors.

Supreme Court, Albany County.

April 3, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Richard Lombardo of counsel), for defendant.

Lambda Legal Defense & Education Fund, Inc., New York City (Susan L. Sommer and Alphonso B. David of counsel), and Kramer Levin Naftalis & Frankel, LLP (Jeffrey S. Trachtman and Norman C. Simon of counsel), for defendants-intervenors.

Alliance Defense Fund, Scottsdale, Arizona (Brian W. Raum of counsel), for plaintiffs.

OPINION OF THE COURT

THOMAS J. McNAMARA, J.

In September 2004, an employee of the State of New York and a member of the Retirement System wrote to the Comptroller to inquire whether his contemplated marriage in Canada to his same-sex partner would be legally recognized by the Retirement System and how his retirement benefits would be impacted as a result of the marriage. A response was provided on behalf of the Comptroller in October 2004. The employee/member...

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