MATTER OF AMEDURE v. STATE OF NEW YORK

CV-22-1955.

210 A.D.3d 1134 (2022)

178 N.Y.S.3d 220

2022 NY Slip Op 06096

In the Matter of Rich Amedure et al., Respondents-Appellants, v. State of New York et al., Appellants-Respondents, and Minority Leader of the Senate of the State of New York et al., Respondents-Appellants, and New York State Board of Elections, Respondent. New York Civil Liberties Union et al., Proposed Intervenors-Appellants-Respondents.

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

Decided November 1, 2022.


Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Sarah L. Rosenbluth of counsel), for State of New York and another, appellants-respondents.

E. Stewart Jones Hacker Murphy, LLP, Troy ( Benjamin F. Neidl of counsel), for Senate of the State of New York and others, appellants-respondents.

Hodgson Russ LLP, Albany ( Christopher Massaroni of counsel), for Assembly of the State of New York and others, appellants-respondents.

Messina, Perillo & Hill, LLP, Sayville ( John Ciampoli of counsel) and Fusco Law Office, Albany ( Adam Fusco of counsel), for Rich Amedure and others, respondents-appellants.

DerOhannesian & DerOhannesian, Albany ( Paul DerOhannesian II of counsel), for Minority Leader of the Senate of the State of New York and another, respondents-appellants.

New York State Board of Elections, Albany ( Brian L. Quail of counsel), for New York State Board of Elections, Democratic Election Commissioners, respondents.

New York State Board of Elections, Albany ( Kevin G. Murphy of counsel), for New York State Board of Elections, Republican Election Commissioners, respondents.

New York Civil Liberties Union Foundation, New York City ( Perry Grossman of counsel), for New York Civil Liberties Union and others, proposed intervenors-appellants-respondents.

Elias Law Group LLP, Washington, DC ( Aria C. Branch of counsel, admitted pro hac vice) and Dreyer Boyajian LLP, Albany ( James R. Peluso of counsel), for DCCC and others, proposed intervenors-appellants-respondents.

New York State United Teachers, Latham ( Robert T. Reilly of counsel), for New York State United Teachers, amicus curiae.

Egan Jr., J.P., Lynch, Aarons, Pritzker and Fisher, JJ., concur.


(1) Appeal from two orders of the Supreme Court (Dianne N. Freestone, J.), entered October 17, 2022, in Saratoga County, which, in a combined proceeding pursuant to Election Law article 16 and action for declaratory judgment, denied proposed intervenors' motions to intervene, (2) cross appeals from an order of said court, entered October 21...

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