DALTON v. PATAKI, 51 (N.Y. 5-3-2005)

Opinion by Judge CIPARICK.

Order modified, with costs to defendants, by declaring Part C of Chapter 383 of the Laws of 2001 constitutional and, as so modified, affirmed.

Chief Judge Kaye and Judges Rosenblatt, Graffeo and Read concur.

Judge G.B. Smith dissents in part and votes to modify by declaring Part B of Chapter 383 of the Laws of 2001 unconstitutional in an opinion.

Judge R.S. Smith dissents in part and votes to affirm in an opinion in which Judge G.B. Smith concurs insomuch thereof as pertains to Part C of Chapter 383 of the Laws of 2001.