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Merola v. Cuomo

Challenge to DLAPA Stayed Pending Motion Rulings in Prior Similar Case in WDNY

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SUMMARY ORDER   Pending is a motion filed by defendants Andrew M. Cuomo, Governor of New York, Letita A. James, Attorney General of New York, and Mark J.F. Shcroeder, Commissioner of the New York State Department of Motor Vehicles (DMV), which seeks to change venue or, alternatively, a stay. (Dkt. No. 12.) For the reasons set forth below, the motion is denied insofar as it seeks to change venue, but granted with respect to a stay. Plaintiff Frank J. Merola is the Clerk of the County of Rensselaer and brings this action in his official capacity. (Compl. 9, Dkt. No. 1.) He alleges that the so-called “Green Light Law,” formally known as the Driver’s License Access and Privacy Act (DLAPA),1 is preempted by federal law and is, therefore, unconstitutional. (Id. at 21.) DLAPA “authorizes and facilitates the issuance of non-commercial driver’s licenses to undocumented immigrants [and] requires the Commissioner of [DMV] and his agents, including…Merola as the Rensselaer County Clerk, to shield any records submitted by undocumented immigrants from federal immigration agencies.” (Id. 30.) Merola contends that the DLAPA places him in the impossible position of either violating federal immigration laws or being removed from office for refusing to administer it. (Id.

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