KENNETH J. LEWIS et al., Appellants,
v.
NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
January 22, 2009.
January 22, 2009.
Attorney(s) appearing for the Case
Brian W. Raum, Scottsdale, Arizona, and Cutler, Trainor & Cutler, L.L.P., Malta (James P. Trainor of counsel), for appellants.
Andrew M. Cuomo, Attorney General, Albany (Sasha Samberg-Champion of counsel), for New York State Department of Civil Service and another, respondents.
Susan L. Sommer, Lambda Legal Defense and Education Fund, Inc., New York City, and Kramer, Levin, Naftalis & Frankel, L.L.P., New York City (Jeffrey S. Trachtman of counsel), for Peri Rainbow and another, respondents.
Frederick C. Veit, National Legal Foundation, Briarcliff Manor, for National Legal Foundation, amicus curiae.
Vincent P. McCarthy, American Center for Law and Justice, N.E., Litchfield, Connecticut, and Kriss, Kriss & Brignola, L.L.P., Albany (Charles Kriss of counsel), American Center for Law and Justice, N.E., and Benjamin P. Sisney, American Center for Law and Justice, Virginia Beach, Virginia, for American Center for Law and Justice, N.E., amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Susan Paulson of counsel), for City of New York, amicus curiae.
Matthew Faiella, New York Civil Liberties Union Foundation, New York City, for New York Civil Liberties Union Foundation, amicus curiae.
PETERS, J.P., and KANE, J., concur with ROSE, J.; LAHTINEN, J., concurs in a separate opinion in which MALONE JR., J.
Appellate Division of the Supreme Court of the State of New York, Third Department.
OPINION OF THE COURT
ROSE, J.
When defendant Department of Civil Service announced that it would recognize the parties to a same-sex marriage as spouses if their marriage were valid in the jurisdiction where it was solemnized, thereby allowing such spouses of state employees access to the benefits provided under the New York State Health Insurance Program (see Civil Service Law § 161 [1]; § 164 [1]),
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