DELGADO v. STATE OF NEW YORK

529556.

194 A.D.3d 98 (2021)

144 N.Y.S.3d 745

2021 NY Slip Op 01534

ROXANNE DELGADO et al., Appellants, v. STATE OF NEW YORK et al., Respondents.

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

Decided March 18, 2021.


Attorney(s) appearing for the Case

Government Justice Center, Inc., Albany ( Cameron J. Macdonald of counsel), for appellants.

Letitia James , Attorney General, Albany ( Victor Paladino of counsel), for respondents.

Holwell Shuster & Goldberg LLP, New York City ( James M. McGuire of counsel), for Andrew M. Cuomo, the Governor of the State of New York, amicus curiae.

Cuti Hecker Wang LLP, New York City ( Eric Hecker of counsel), for Andrea Stewart-Cousins, the Majority Leader of the New York State Senate, amicus curiae.

Orrick, Herrington & Sutcliffe LLP, New York City ( Ethan P. Fallon of Orrick, Herrington & Sutcliffe LLP, Washington, DC, of counsel, admitted pro hac vice), for Carl E. Heastie, Individually and in his Official Capacity as Speaker of the New York State Assembly, amicus curiae.

GARRY, P.J., AARONS, PRITZKER and REYNOLDS FITZGERALD, JJ., concur.


OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Ryba, J.), entered June 7, 2019 in Albany County, which, among other things, partially granted defendants' motion to dismiss the amended complaint.

In 2018, the Legislature passed a budget bill—signed by the Governor—which created a compensation...

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