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An Appellate Division, Fourth Department, panel unanimously ruled Feb. 1 that a gay couple's marriage in Canada should be recognized in New York. The ruling, the first appellate decision in the state to recognize a same-sex marriage from another jurisdiction, overturned a Monroe County judge's decision that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.
The appeals panel held that the college employee, Patricia Martinez, and her partner, Lisa Ann Golden, are entitled to health coverage because there is no legal impediment in New York to the recognition of a same-sex marriage contracted in jurisdictions where it is legal.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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