Opinion
98151.
February 16, 2006.
Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered February 3, 2005 in Albany County, which dismissed petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Albany City Clerk denying their requests for marriage licenses.
Kindlon Shanks, P.C., Albany (Terence L. Kindlon of counsel), for appellants.
Kevin M. Grossman, Corporation Counsel, Albany, for John Marsolais, respondent.
Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for New York State Department of Health, respondent.
Before: Cardona, P.J., Mercure, Carpinello and Mugglin, JJ., concur.
Petitioners, same-sex couples, commenced this combined CPLR article 78 proceeding and action for declaratory judgment seeking, among other things, a declaration that the refusal of respondent Albany City Clerk to issue them marriage licenses violated their due process and equal protection rights under the NY Constitution. Supreme Court dismissed the proceeding/action, finding the challenged section of the Domestic Relations Law constitutional. We affirm for the reasons stated in Samuels v. New York State Dept. of Health (___ AD3d ___, 2006 NY Slip Op 01213 [2006] [decided herewith]).
Ordered that the judgment is affirmed, without costs.