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BYRNES v. THE SENATE OF STATE OF N.Y.

Index No. 000778-2023.

2024 NY Slip Op 24136

MARJORIE BYRNES, INDIVIDUALLY and AS A MEMBER OF THE NEW YORK STATE ASSEMBLE, TAWN FEENEY and SUSAN LUNDGREN, Plaintiffs, v. THE SENATE OF THE STATE OF NEW YORK, ANDREA STEWART-COUSINS, AS THE PRESIDENT PRO TEMPORE and MAJORITY LEADER OF THE SENATE, ROBERT ORTT, AS MINORITY LEADER OF THE SENATE, THE ASSEMBLY OF THE STATE OF NEW YORK, CARL HEASTIE, AS SPEAKER OF THE ASSEMBLY, WILLIAM BARCLAY AS MINORITY LEADER OF THE ASSEMBLY, and THE NEW YORK STATE BOARD OF ELECTIONS, Defendants.

Supreme Court, Livingston County.

Decided May 7, 2024.

Attorney(s) appearing for the Case

Christian Browne, Esq. , McLAUGHLIN & STERN, LLP and Bobbie Anne Flower Cox, Esq. , COX LAWYERS PLLC, for the Plaintiffs

Letitia James , New York Attorney General, by Emily Fusco, Esq. , and Heather McKay, Esq. , of counsel, for the New York State Senate, New York State Assembly, and the Majority Defendants

Lisa A. Perillo, Esq. , Perillo Hill LLP, for the Defendants Robert Ortt, as Minority Leader of the Senate, and William Barclay, as Minority Leader of the Assembly.

This case presents novel issues concerning the New York State Legislature's actions in proposing amendments to the Constitution in derogation of the explicit process outlined in § 1 of Article XIX of the New York Constitution and the ability of citizens to challenge those actions in a plenary proceeding.

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