NEW YORK
Funderburke v. New York State Department of Civil Service
A retired public employee sought spousal benefits for his same-sex partner based on a marriage the men had celebrated in Canada. The case was litigated by Lambda Legal.
The trial court refused to recognize the marriage, but the intermediate appellate court vacated the trial court decision after the defendant changed its policy and began voluntarily recognizing out-of-state same-sex marriages.
Documents
Trial Court
- Complaint (July 21, 2005)
- Cross-Motion for Summary Judgment (Feb. 13, 2006)
- Decision (July 11, 2006) (reported at 13 Misc. 3d 284, 822 N.Y.S.2d 393)
- Notice of Appeal (Aug. 2, 2006)
Intermediate Appellate Court
- Brief of Plaintiff-Appellant (Jan. 12, 2007)
- Decision (Mar. 25, 2008)
More Information
- Lambda Legal, Funderburke