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COHEN v. CUOMO

102185/12.

35 Misc.3d 478 (2012)

2012 NY Slip Op 22099

DANIEL MARKS COHEN et al., Petitioners, v. ANDREW M. CUOMO, Governor of the State of New York, et al., Respondents.

Supreme Court, New York County.

Decided April 13, 2012.

Attorney(s) appearing for the Case

Cuti Hecker Wang LLP, New York City ( Eric Hecker , John R. Cuti , Alexander Goldenberg and Julie B. Ehrlich of counsel), for petitioners. Zuckerman Spaeder LLP, New York City ( Paul Shechtman of counsel), for Andrew M. Cuomo and another, respondents. Jones Day, New York City ( Todd Geremia of counsel), Michael A. Carvin and John M. Gore , Washington, D.C., and Lewis & Fiore, New York City ( David Lewis of counsel), for Dean G. Skelos, respondent. Grubard Miller , New York City ( C. Daniel Chill of counsel), for Sheldon Silver, respondent. Kimberly A. Galvin and Robert H. Brehm , Albany, for New York State Board of Elections, respondent.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

This is a special proceeding, pursuant to McKinney's Unconsolidated Laws of NY § 4221 (L 1911, ch 773, § 1), brought by citizens of the State of New York, including New York State Senator Martin Malavé Dilan, seeking a review of the reapportionment of the New York State Senate. Such a reapportionment is required every 10 years, after the federal census occurs. Petitioners are suing for declaratory...

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