Chief Judge of State of N.Y. v Governor of State of N.Y.

2009 NY Slip Op 06456 [65 AD3d 898]

September 15, 2009

Appellate Division, First Department

As corrected through Wednesday, November 4, 2009

Chief Judge of the State of New York et al.,Respondents, v Governor of the State of New York, Defendant, and Speaker of the NewYork State Assembly et al., Appellants.

—[*1]Schlam Stone & Dolan, LLP, New York (Richard H. Dolan and Erik S. Groothuis ofcounsel), for appellants.

Wachtell, Lipton, Rosen & Katz, New York (Bernard W. Nussbaum of counsel), forrespondents.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered June 16, 2009,which, insofar as appealed from as limited by the briefs, upon a search of the record grantedplaintiffs summary judgment on their third cause of action, unanimously affirmed for the reasonsstated in this Court's decision in Larabee v Governor of State of N.Y. (65 AD3d 74 [2009]),without costs. Concur—Gonzalez, P.J., Tom, Nardelli, Moskowitz and Renwick, JJ.