New York Court of Appeals
In the Matter of Council of the City of New York v. Michael R. Bloomberg, as Mayor of the City of New York
February 14, 20066 N.Y.3d 380
Summary
The New York Court of Appeals affirmed the Appellate Division’s dismissal of the City Council’s article 78 proceeding, holding that the Equal Benefits Law is preempted by both the state competitive‑bidding statute (General Municipal Law § 103) and the federal Employee Retirement Income Security Act (ERISA). The Court also held that the Mayor may raise the law’s invalidity as a defense in an article 78 action. Justice Rosenblatt dissented, arguing that the Mayor should not be allowed to contest the law’s validity in this proceeding and that the declaratory‑judgment action should proceed.