New York Court of Appeals

Margaret Godfrey, Appellants v. Andrew J. Spano, as Westchester County Executive, Respondents, and…

November 19, 200913 N.Y.3d 358

Summary

The Court affirmed the Appellate Division orders dismissing the taxpayers' suits challenging Westchester County Executive Order No. 3 and the Department of Civil Service policy memorandum that recognize out-of-state same‑sex marriages for employee benefits. The dismissals were grounded on the plaintiffs’ failure to allege specific illegal expenditures and on the statutory authority granted to the Civil Service Commission to define “spouse.” Justice Ciparick, in a separate concurrence, would have affirmed on the broader ground that such marriages are entitled to recognition under New York’s marriage‑recognition rule.