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MARTINEZ v. COUNTY OF MONROE

50 A.D.3d 189 (2008)

850 N.Y.S.2d 740

PATRICIA MARTINEZ, Appellant, v. COUNTY OF MONROE et al., Respondents.

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

February 1, 2008.

Attorney(s) appearing for the Case

Jeffrey Wicks, PLLC, Rochester (Jeffrey Wicks of counsel), for plaintiff-appellant.

Daniel M. DeLaus, County Attorney, Rochester (Michael E. Davis of counsel), for defendants-respondents.

Andrew M. Cuomo, Attorney General, Albany (Sasha Samberg-Champion of counsel), amicus curiae, in support of plaintiff-appellant.

HURLBUTT, J.P., MARTOCHE, FAHEY and GREEN, JJ., concur.

OPINION OF THE COURT

PERADOTTO, J.

I

On July 5, 2004, plaintiff, an employee of defendant Monroe Community College (MCC), married her same-sex partner, Lisa Ann Golden, in the Province of Ontario, Canada. Defendants do not dispute that the marriage is valid under the laws of Canada and the Province of Ontario. On the basis of that marriage, plaintiff applied to MCC on July 7, 2004 for spousal health care...

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