The Court of Appeals has already decided in this case that plaintiffs' remaining cause of action is based on Title VI regulations and, as such, hinges upon whether plaintiffs can prove a disparate impact (Campaign for Fiscal Equity v. State, 86 N.Y.2d 307, 323). As such, motive evidence, required for a statutory Title VI cause of action, is irrelevant. Even were motive evidence relevant, the speech or debate clause of our constitution creates a privilege which would preclude the testimony sought to be introduced by plaintiffs (N.Y. Const, Art III, § 11; Straniere v. Silver, 218 A.D.2d 80, 82-83, affd 89 N.Y.2d 825).
M-1292 and M-1320 — Campaign For Fiscal Equity, Inc. v. The State of New York, et al .
Motion for leave to file a supplemental record denied, and motion for a stay and for other related relief denied, as academic.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.