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BARKLEE REALTY CO. v. PATAKI

309 A.D.2d 310 (2003)

765 N.Y.S.2d 599

BARKLEE REALTY COMPANY LLC et al., Respondents, v. GEORGE E. PATAKI, as Governor of the State of New York, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 2003.

Attorney(s) appearing for the Case

Barbara Kraebel for respondents.

Melanie L. Oxhorn of counsel (Caitlin Halligan and Michael S. Belohlavek on the brief; Eliot Spitzer, Attorney General of New York State, attorney), for appellant.

Briscoe R. Smith of counsel (Martin S. Kaufman on the brief; Atlantic Legal Foundation, attorneys), amici curiae.

SAXE, ROSENBERGER, WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.P.

It is fundamental that a legislative enactment, such as Limited Liability Company Law § 206, "carr[ies] an exceedingly strong presumption of constitutionality." (Elmwood-Utica Houses v Buffalo Sewer Auth., 65 N.Y.2d 489, 495 [1985]). Although such presumption is rebuttable, any challenge to a statute's constitutionality carries the "heavy burden of demonstrating unconstitutionality...

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