MATTER OF HARKENRIDER v. HOCHUL

430 CAE 22-00506.

204 A.D.3d 1366 (2022)

167 N.Y.S.3d 659

2022 NY Slip Op 02648

In the Matter of Tim Harkenrider et al., Respondents, v. Kathy Hochul, as Governor, et al., Appellants, et al., Respondent.

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

Decided April 21, 2022.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JEFFREY W. LANG OF COUNSEL), FOR RESPONDENTS-APPELLANTS GOVERNOR KATHY HOCHUL, LIEUTENANT GOVERNOR AND PRESIDENT OF THE SENATE BRIAN A. BENJAMIN.

CUTI HECKER WANG LLP, NEW YORK CITY ( ALICE REITER OF COUNSEL), FOR RESPONDENTS-APPELLANTS SENATE MAJORITY LEADER, PRESIDENT PRO TEMPORE

Present—Whalen, P.J., Centra, Lindley, Curran and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is modified on the law by denying the amended petition insofar as it sought declaratory and injunctive relief on the ground that the 2022 congressional and state senate maps were unconstitutionally enacted by the legislature, vacating the 3rd, 6th, 8th, 9th, 11th, 12th and 13th decretal paragraphs, deleting the word "void" from the 5th decretal paragraph and substituting the word "unconstitutional," and as modified the...

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