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MATTER OF SHIELDS v. MADIGAN

5 Misc.3d 901 (2004)

783 N.Y.S.2d 270

In the Matter of JOHN SHIELDS et al., Petitioners, v. CHARLOTTE MADIGAN, as Town Clerk of Town of Orangetown, et al., Respondents.

Supreme Court, Rockland County.

October 18, 2004.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, Norman Siegel, Wilmer Cutler Pickering Hale & Dorr, LLP and Dobrish & Wrubel, LLP, for petitioners.

Teresa M. Kenny, Town Attorney (Dennis Michaels of counsel), for Charlotte Madigan, respondent.

Eliot Spitzer, Attorney General (James B. McGowan of counsel), for State of New York Department of Health, respondent.

OPINION OF THE COURT

ALFRED J. WEINER, J.

The 20 petitioners in this CPLR article 78 proceeding were denied marriage licenses by respondent Orangetown Town Clerk in early March 2004 on the ground that they sought to marry individuals of the same sex. Petitioners seek an order directing respondent Town Clerk to issue marriage licenses to them and directing respondent New York State Department of Health (hereinafter DOH) to accept those licenses as valid pursuant...

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