In the Matter of COUNCIL OF THE CITY OF NEW YORK, Appellant,
v.
MICHAEL R. BLOOMBERG, as Mayor of the City of New York, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 4, 2006.
Decided February 14, 2006.
Attorney(s) appearing for the Case
Steven L. Holley, New York City, David H. Braff, Bradley P. Smith, Julian C. Swearengin, Jay Damashek, Eric Lane and Robert J. Newman for appellant.
Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams, Leonard Koerner, Martha Alfaro, June Buch, Spencer Fisher and Kristin M. Helmers of counsel), for respondents.
Kelley Drye & Warren LLP, New York City (Francis T. Murphy,John M. Callagy and Christopher C. Palermo of counsel), for Archdiocese of New York and others, amici curiae.
Dewey Ballantine LLP, New York City (Aldo A. Badini, Adam J. Kaiser, Sara Fuks and Eric Laufgraben of counsel), Sharon M. McGowan, James D. Esseks and Arthur Eisenberg for American Civil Liberties Union and another, amici curiae.
Morrison & Foerster LLP, New York City and San Francisco, California (Jodi K. Miller, Ruth N. Borenstein, Paul Borden, Yana S. Johnson and Ellen K. Eagen of counsel), for City and County of San Francisco and others, amici curiae.
Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Sidney S. Rosdeitcher, Rebecca C. Shore and Judd Henry of counsel), and Paul K. Sonn for Brennan Center for Justice at New York University School of Law, amicus curiae.
Hogan & Hartson L.L.P., New York City (David F. Wertheimer, Joanna Swomley, A. Cristina Pérez-Labiosa, M. Gavan Montague, Eva L. Dietz and Sandhya P. Kawatra of counsel), Susan Sommer and Alphonso David for LAMBDA Legal Defense and Education Fund, Inc., and another, amici curiae.
Judges G.B. SMITH, GRAFFEO and READ concur with Judge R.S. SMITH; Judge ROSENBLATT dissents in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
R.S. SMITH, J.
We hold that New York City's Equal Benefits Law is preempted by state and federal statutes. We therefore affirm the Appellate Division's dismissal of a CPLR article 78 proceeding brought by the New York City Council to compel enforcement of that law.
Facts and Procedural History
The Equal Benefits Law (Administrative Code of City of NY § 6-126) was enacted by the City Council in 2004 over the Mayor...
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