MATTER OF GIFFORD v. McCARTHY

520410.

137 A.D.3d 30 (2016)

23 N.Y.S.3d 422

2016 NY Slip Op 00230

In the Matter of CYNTHIA GIFFORD et al., Petitioners, v. MELISA MCCARTHY et al., Respondents. (And Another Related Proceeding.)

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

Decided January 14, 2016.


Attorney(s) appearing for the Case

Cutler, Trainer & Cutler, LLP, Malta, and Alliance Defending Freedom, Scottsdale, Arizona ( J. Caleb Dalton , of counsel, admitted pro hac vice), for petitioners.

Mariko Hirose , New York State Civil Liberties Union Foundation, New York City, and Rose A. Saxe , American Civil Liberties Union Foundation, New York City, for Melisa McCarthy and another, respondents.

Caroline J. Downey , New York State Division of Human Rights, New York City ( Michael K. Swirsky of counsel), for New York State Division of Human Rights, respondent.

McConville, Considine, Coonan & Morin, PC, Rochester ( James L. Gelmormini of counsel), for St. Thomas More Lawyers Guild of Rochester Inc., amicus curiae.

Eric T. Schneiderman , Attorney General, Albany ( Frederick A. Brodie of counsel), for State of New York, amicus curiae.

Caren E. Short , NAACP Legal Defense and Educational Fund, Inc., Washington, DC, for NAACP Legal Defense and Educational Fund, Inc., amicus curiae.

Zachary A. Dietert , Americans United for Separation of Church and State, Washington, DC, for Americans United for Separation of Church and State, amicus curiae.

Jennifer C. Pizer , Lambda Legal Defense and Education Fund, Inc., Los Angeles, California, for Lambda Legal Defense and Education Fund, Inc., amicus curiae.

Mayer Brown, LLP, New York City ( Hannah Y.S. Chanoine of counsel), for The Main Street Alliance and another, amici curiae.

Alan Sussman , National Center for Lesbian Rights, Bearsville, for National Center for Lesbian Rights, amicus curiae.

Hogan Lovells US, LLP, New York City ( Nicole E. Schiavo of counsel), for Anti-Defamation League and others, amici curiae.

McCARTHY, EGAN JR., DEVINE and CLARK, JJ., concur.


OPINION OF THE COURT

Proceedings pursuant to Executive Law § 298 (transferred to this Court by order of the Supreme Court, entered in Rensselaer County) to, among other things, review a determination of respondent State Division of Human Rights finding petitioners guilty of an unlawful discriminatory practice based upon...

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