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Peterson declared that she would recognize same-sex marriages performed in other jurisdictions.Two days later, then-Attorney General of New York Eliot Spitzer, a supporter of same-sex marriage, issued an "informal opinion" stating that municipal clerks should not issue marriage licenses to same-sex couples since the New York State Legislature had not intended for the Domestic Relations Law to cover same-sex couples.

After reaching an agreement with three Democratic dissidents, Malcolm Smith was voted Senate Majority Leader on January 7, 2009.

Following the Hernandez v Robles decision, the focus of the same-sex marriage battle shifted to the executive and legislative branches of government.

During his successful campaign for Governor of New York, Attorney General Spitzer said that he would push to legalize same-sex marriage if elected, and he proposed legislation to that effect to the state legislature on April 27, 2007.

In the Republican-controlled Senate, 3 Democrats and two Republicans who had voted against the 2009 bill indicated their support for legalizing same-sex marriage.

The Senate passed the bill on June 24 by a 33–29 vote with 29 Democrats and four Republicans voting in favor.

County of Monroe that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples.

Following Spitzer's resignation, Lieutenant Governor David Paterson was sworn in as the 55th Governor of New York on March 17, 2008 by New York Chief Judge Judith Kaye.The Gotham Gazette reported that the Senate rules were changed by the Democratic conference to prevent Democrat Ruben Diaz, Sr., an opponent of same-sex marriage, from moving to lay the bill aside for debate; the rules were changed again during the vote to ensure it would conclude in time to make the 11 pm EDT newscasts.The bill's passage was celebrated by gay rights supporters both in New York and nationwide.After Liberty Counsel filed a civil lawsuit challenging the validity of the marriages, a state court judge issued a permanent injunction barring West from solemnizing same-sex marriages.On February 27, 2004, Nyack, New York, mayor John Shields announced that he would recognize the New Paltz marriages and on March 1, 2004, Ithaca mayor Carolyn K.At the intermediate appellate level, four failed and one was not decided.