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MATTER OF BORRELLO v. HOCHUL

722 CA 22-01133.

221 A.D.3d 1484 (2023)

200 N.Y.S.3d 826

2023 NY Slip Op 05834

In the Matter of George Borrello, New York State Senator, et al., Respondents, v. Kathleen C. Hochul, New York State Governor, et al., Appellants.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

COX LAWYERS, PLLC, BRONXVILLE ( ROBERTA A. FLOWER COX OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

GREGORY DOLIN , WASHINGTON, DC, FOR NEW CIVIL LIBERTIES ALLIANCE, AMICUS CURIAE.

Present—Smith, J.P., Curran, Bannister, Ogden and Nowak, JJ.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Cattaraugus County (Ronald D. Ploetz, A.J.), entered July 11, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment adjudged 10 NYCRR 2.13 null, void, and unenforceable and permanently enjoined respondents from enforcing and from readopting that regulation.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law...

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