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.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued September 11, 2009.
Decided September 22, 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 Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason and Michael P. Ravalli of counsel), for appellants.
Lewis & Fiore, New York City (David L. Lewis, John Ciampoli and Elizabeth Colombo of counsel), for respondent.
Michael J. Hutter, Albany, for Gerald Benjamin and others, amici curiae.
Mauro Goldberg & Lilling LLP, Great Neck (Richard J. Montes and Matthew W. Naparty of counsel), for Ricardo Montano and others, amici curiae.
Arthur N. Eisenberg, New York City, and Adriana C. Pinon for New York Civil Liberties Union, 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 Partnership for New York City, Inc., amicus curiae.
Weil, Gotshal & Manges LLP, New York City (Caitlin J. Halligan, Gregory Silbert and Dotan Weinman of counsel), and Richard Briffault for Citizens Union of the City of New York and another, amici curiae.
Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Alan M. Klinger, Jeremy S. Rosof and Benjamin I. Rubinstein of counsel), for United Federation of Teachers and others, amici curiae.
Judges CIPARICK, READ and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents in a separate opinion in which Judges GRAFFEO and SMITH concur.
Court of Appeals of New York.
OPINION OF THE COURT
Chief Judge LIPPMAN.
The issue on this appeal is whether the Governor of the State of New York has the authority to fill a vacancy in the office of Lieutenant Governor by appointment. We now hold that he does.
I.
In November 2006, Eliot Spitzer and David Paterson were elected respectively to the offices of Governor and Lieutenant Governor. On March 17, 2008, Governor...
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