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GOLDEN v. PATERSON

260148/2008.

2008 NY Slip Op 28546

MARTIN J. GOLDEN, SERPHIN R. MALTESE, JAMES N. TEDISCO, DANIEL J. BURLING, BRIAN M. KOLB, MICHAEL R. LONG, SHAUN MARIE LEVINE, DUANE MOTLEY, JASON McGUIRE, STEPHEN P. HAYFORD, WILLIAM C. BANUCH, SR., ANGEL D. RODRIGUEZ, PIYALI DUTTA, WILLIAM CARLSON, NICOLE CARLSON, FRANCES VELLA-MRRONE, MICHAEL J. FITZPATRICK, AND MICHAEL W. COLE, Petitioners, v. DAVID A. PATERSON, in his Official Capacity as Governor of the State of New York, Respondent PERI RAINBOW AND TAMELA SLOAN, Respondent-Intervenors.

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

Decided September 2, 2008.

Attorney(s) appearing for the Case

Brian W. Raum Esq., Alliance Defense Fund, Scottsdale, AZ, for Petitioner.

Monica Connell, Assistant Attorney General, New York, NY, for Respondent.

Susan L. Sommer Esq., Lambda Legal Defense and Education Fund, New York, NY, Norman C. Simon Esq. and Jeffrey S. Trachtman Esq., Kramer Levin Naftalis & Frankel LLP, New York, NY, for Respondent-Intervenors.

LUCY BILLINGS, J.

I. BACKGROUND

In this proceeding New York State taxpayers, including state legislators, once again seek the same ruling state taxpayers have sought and been denied in prior proceedings: that marriages validly entered outside New York State between partners of the same sex not be recognized in this state. Here, petitioner taxpayers challenge New York State Governor Paterson's Executive Directive dated May 14, 2008, and ask the court...

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