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CHIEF JUDGE v. GOVERNOR

400763/08

25 Misc.3d 268 (2009)

CHIEF JUDGE OF THE STATE OF NEW YORK et al., Plaintiffs, v. GOVERNOR OF THE STATE OF NEW YORK et al., Defendants.

Supreme Court, New York County.

Decided June 15, 2009.

Attorney(s) appearing for the Case

Schlam Stone & Dolan, New York City (Richard H. Dolan of counsel), for the Governor of the State of New York, and others, defendants.

Manatt, Phelps & Phillips, New York City (Steven F. Reich of counsel), for New York State Senate and another, defendants.

Wachtell Lipton Rosen & Katz, New York City (Bernard Nussbaum of counsel), for Chief Judge of the State of New York, plaintiff.

Michael Colodner, New York City, for New York State Unified Court System, plaintiff.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

Before me are motions by (i) defendants David A. Paterson in his official capacity as Governor of the State of New York, Sheldon Silver in his official capacity as Speaker of the State Assembly, the New York State Assembly, and the State of New York to dismiss the complaint pursuant to CPLR 3211, and (ii) defendants the New York State Senate and Joseph L. Bruno in his official capacity as Temporary President of the...

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