DEAN G. SKELOS et al., as Duly Elected Members of the New York State Senate, Respondents,
v.
DAVID PATERSON, as Governor of the State of New York, et al., Appellants.
Appellate Division of the Supreme Court of New York, Second Department.https://leagle.com/images/logo.png
Decided August 20, 2009.
Decided August 20, 2009.
Attorney(s) appearing for the Case
Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York City (Kathleen M. Sullivan, Faith E. Gay and Robert C. Juman of counsel), and Jaspan Schlesinger Hoffman LLP, Garden City, for appellants (one brief filed).
Lewis & Fiore, New York City (David L. Lewis, John Ciampoli and Elizabeth Colombo of counsel), for respondent Dean G. Skelos.
Michael J. Hutter, Albany, amicus curiae pro se, and for Gerald Benjamin and others, amici curiae.
Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Alan M. Klinger, Jeremy Rosof, Danielle Alfonso Walsman and Benjamin I. Rubinstein of counsel), for United Federation of Teachers and others, amici curiae.
Arthur N. Eisenberg, New York City, for New York Civil Liberties Union Foundation, amicus curiae.
Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Daniel J. Kramer, Jacqueline P. Rubin, Kevin R. Reich and Brendan F. Quigley of counsel), for the Partnership for New York City, Inc., amicus curiae.
Weil, Gotshal & Manges LLP, New York City (Caitlin J. Halligan, Gregory Silbert, Dotan Weinman and Richard Briffault of counsel), for Citizens Union of the City of New York and another, amici curiae.
FISHER, J.P. ANGIOLILLO, DICKERSON and ENG, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
OPINION OF THE COURT
Per Curiam.
The principal issue presented on this appeal concerns whether the Governor has the authority, acting entirely on his own, to select and appoint an otherwise qualified individual to fill a vacancy in the office of lieutenant governor.
In November 2006, David Paterson was elected Lieutenant Governor of the State of New York on a ticket with Eliot Spitzer, who was elected Governor. On March 17, 2008, Governor Spitzer...
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