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GODFREY v. DiNAPOLI

5896-06.

2008 NY Slip Op 28409

MARGARET GODFREY, ROSEMARIE JAROSZ, GEORGE V. IMBURGIA AND JOSEPH ROSSINI, Plaintiffs, v. THOMAS P. DiNAPOLI, IN HIS OFFICIAL CAPACITY AS THE NEW YORK STATE COMPTROLLER AND SOLE TRUSTEE OF NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Defendants.

Supreme Court of the State of New York, Albany County.

Decided April 3, 2008.

Attorney(s) appearing for the Case

Alliance Defense Fund, By: Brian W. Raum, Esq., Scottsdale, AZ, Attorneys for Plaintiffs.

Andrew M. Cuomo, Attorney General Office of the Attorney General, Richard Lombardo, Esq., Assistant Attorney General, Albany, New York, Attorneys for Defendant.

Lambda Legal Defense & Education Fund, Inc., By: Susan L. Sommer, Esq., and Alphonso B. David, Esq., New York, New York, Co-Counsel for Defendants-Intervenors.

Kramer Levin Naftalis & Frankel, LLP, By: Jeffrey S. Trachtman, Esq., and Norman C. Simon, Esq., New York, New York, Co-Counsel for Defendants-Intervenors.

THOMAS J. McNAMARA, J.

In September 2004, an employee of the State of New York and a member of 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 was advised that given that the...

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