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IN THE MATTER OF KANE v. MARSOLAIS

26 A.D.3d 661 (2006)

808 N.Y.S.2d 566

In the Matter of ELISSA KANE et al., Appellants, v. JOHN MARSOLAIS, as Albany City Clerk, et al., Respondents.

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

February 16, 2006.

LAHTINEN, J.

Petitioners, same-sex couples, commenced this combined CPLR article 78 proceeding and action for declaratory judgment seeking, among other things, a declaration that the refusal of respondent Albany City Clerk to issue them marriage licenses violated their due process and equal protection rights under the NY Constitution. Supreme Court dismissed the proceeding/action, finding the challenged section of the Domestic Relations Law constitutional. We affirm...

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