Chief Judge of State of N.Y. v Governor of State of N.Y.

Chief Judge of State of N.Y. v Governor of State of N.Y. 2009 NY Slip Op 06456 [65 AD3d 898] September 15, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 4, 2009

Chief Judge of the State of New York et al., Respondents,
v
Governor of the State of New York, Defendant, and Speaker of the New York State Assembly et al., Appellants.

—[*1] Schlam Stone & Dolan, LLP, New York (Richard H. Dolan and Erik S. Groothuis of counsel), for appellants.

Wachtell, Lipton, Rosen & Katz, New York (Bernard W. Nussbaum of counsel), for respondents.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered June 16, 2009, which, insofar as appealed from as limited by the briefs, upon a search of the record granted plaintiffs summary judgment on their third cause of action, unanimously affirmed for the reasons stated in this Court's decision in Larabee v Governor of State of N.Y. (65 AD3d 74 [2009]), without costs. Concur—Gonzalez, P.J., Tom, Nardelli, Moskowitz and Renwick, JJ.