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MATTER OF FEMINISTS v. EMPIRE STATE

511202.

87 A.D.3d 47 (2011)

926 N.Y.S.2d 671

2011 NY Slip Op 5160

In the Matter of FEMINISTS CHOOSING LIFE OF NEW YORK, INC., et al., Appellants, v. EMPIRE STATE STEM CELL BOARD et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 16, 2011.

Attorney(s) appearing for the Case

Thomas Marcelle , Albany ( Kathleen M. Scanlon , New York City, of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Andrew B. Ayers of counsel), for respondents.

Kelley Drye & Warren, L.L.P., New York City ( Neil Merkl of counsel), for Kevin T. Fitzgerald, S.J., Ph.D. and others, amici curiae.

Edward T. Mechmann , New York City, for New York State Catholic Conference, amicus curiae.

Philip J. Vecchio , East Greenbush, for Theresa Deisher, Ph.D., amicus curiae.

OPINION OF THE COURT

GARRY, J.

In 2007, the Legislature created respondent Empire State Stem Cell Board (hereinafter ESSCB) to administer the Empire State Stem Cell Trust Fund (hereinafter Fund) by making grants to researchers working to advance the field of stem cell biology (see Public Health Law § 265-a [1]; State Finance Law § 99-p; L 2007, ch 58, part H [hereinafter the Stem Cell Act]). ESSCB consists of a funding committee responsible...

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