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STEFANIK v. HOCHUL

CV-24-0281.

2024 NY Slip Op 02569

Elise Stefanik et al., Appellants, v. Kathy Hochul, as Governor of the State of New York, et al., Respondents.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany ( Michael Y. Hawrylchak of counsel), for appellants.

Letitia James , Attorney General, Albany ( Jeffrey W. Lang of counsel), for Kathy Hochul and another, respondents.

Cullen and Dykman LLP, Uniondale ( Deborah N. Misir of counsel), for Peter S. Kosinski, respondent.

Brian L. Quail , Albany, for Douglas A. Kellner, respondent.

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, intervenors-respondents.

Hogan Lovells US LLP, New York City (Matthew C. Sullivan of counsel), for Common Cause New York, amicus curiae.

Friedman Kaplan Seiler Adelman & Robbins LLP, New York City (Lawrence Robbins of counsel), for Leadership Now Project, amicus curiae.

Before: Garry, P.J., Egan Jr., Lynch, Ceresia and Mackey, JJ.

Appeal from a judgment of the Supreme Court (Christina L. Ryba, J.), entered February 5, 2024 in Albany County, which, among other things, declared that the New York Early Mail Voter Act is constitutional and granted certain defendants' motions to dismiss the complaint.

On this appeal, we are asked to determine the constitutionality...

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