Legal Opinion

Cubas v. Martinez

New York Court of Appeals

Decided June 7, 2007PublishedCited by 20 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The Department of Motor Vehicles (DMV) will not issue driver’s licenses to applicants who lack valid Social Security numbers (SSNs), unless those applicants prove that they are ineligible for SSNs. As proof of ineligibility the DMV requires applicants to submit immigration documents issued by the Department of Homeland Security (DHS).

Plaintiffs, claiming that this DMV policy is essentially an effort to deny driver’s licenses to immigrants not legally present in New York, challenge it as unauthorized by statute, as infringing constitutional protections and as…

2Cases cited6 opinions

  1. MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
  2. People v. CullNew York Court of Appeals · 1961
  3. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  4. Affronti v. CrossonNew York Court of Appeals · 2001
  5. MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994

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3Cited by20 opinions

  1. Lewis v. New York State DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
  2. Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of StateAppellate Division of the Supreme Court of the State of New York · 2015
  3. SLS Residential, Inc. v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 2009
  4. Pharmacists Society of State of New York, Inc. v. PatakiAppellate Division of the Supreme Court of the State of New York · 2009
  5. HD Services, LLC v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2008

15 more not listed; retrieve them via the Exa API.

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