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 New York Court of Appeals affirmed the Appellate Division orders dismissing the taxpayers' suits challenging Westchester County's executive order and the State Department of Civil Service's policy memorandum recognizing out-of-state same‑sex marriages for benefits, finding the plaintiffs failed to state cognizable claims under General Municipal Law § 51 and State Finance Law § 123‑b. A concurring opinion argued the orders should be upheld on the broader ground that such marriages are entitled to full recognition under New York's marriage recognition rule.