Legal Opinion

Lewis v. New York State Department

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2009PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Rose, J.

When defendant Department of Civil Service announced that it would recognize the parties to a same-sex marriage as spouses if their marriage were valid in the jurisdiction where it was solemnized, thereby allowing such spouses of state employees access to the benefits provided under the New York State Health Insurance Program {see Civil Service Law § 161 [1]; § 164 [1]), *219plaintiffs commenced this action as individual taxpayers seeking a declaration that the Department’s recognition of such marriages is illegal, unconstitutional and results in the unlawful…

2Cases cited43 opinions

  1. Zurich Insurance v. Shearson Lehman Hutton, Inc.New York Court of Appeals · 1994
  2. Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
  3. Hernandez v. RoblesNew York Court of Appeals · 2006
  4. Mertz v. MertzNew York Court of Appeals · 1936
  5. Kerrigan v. Commissioner of Public HealthSupreme Court of Connecticut · 2008

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3Cited by15 opinions

  1. Windsor v. United StatesCourt of Appeals for the Second Circuit · 2012
  2. Godfrey v. SpanoNew York Court of Appeals · 2009
  3. Whitehaven S.F., LLC v. SpanglerDistrict Court, S.D. New York · 2014
  4. Dickerson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2010
  5. Windsor v. United StatesDistrict Court, S.D. New York · 2012

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