COHEN v. CUOMO

No. 135.

19 N.Y.3d 196 (2012)

2012 NY Slip Op 3471

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

Court of Appeals of New York.

Decided May 3, 2012.


Attorney(s) appearing for the Case

Cuti Hecker Wang LLP, New York City ( Eric J. Hecker , John R. Cuti , Alexander Goldenberg and Julie B. Ehrlich of counsel), for appellants.

Jones Day , Washington, D.C. ( Michael A. Carvin and John M. Gore of counsel), Jones Day, New York City ( Todd R. Geremia of counsel), and Lewis & Fiore ( David Lewis of counsel) for Dean G. Skelos , respondent.

Graubard Miller , New York City ( Elaine Reich , and C. Daniel Chill of counsel), for Sheldon Silver, respondent.

Emery Celli Brinckerhoff & Abady LLP, New York City ( Richard D. Emery and Adam R. Pulver of counsel), for New Roosevelt Foundation, Inc., amicus curiae.

Gibson, Dunn & Crutcher LLP, New York City ( Jim Walden and Anne Champion of counsel), for Common Cause New York, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in per curiam opinion.


OPINION OF THE COURT

Per Curiam.

Petitioners commenced this special proceeding seeking a declaration that chapter 16 of the Laws of 2012, insofar as it expands the size of the New York State Senate from 62 to 63 districts, is unconstitutional. Specifically, they argue that the Legislature's failure to apply a consistent method of calculating the number of Senate seats due to population growth throughout the...

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