Assemblyman David G. McDonough (R,C,I-Merrick) joined his Assembly minority colleagues on a lawsuit that will be filed at the State Supreme Court in Albany on November 1 that will attempt to stop Governor Spitzer’s plan to give illegal aliens driver’s licenses.

“As the governor continues pushing his plan to issue driver’s licenses to illegal aliens, he leaves elected representatives no other alternative but to bring this suit against his plan,” stated McDonough, ranking member on the Assembly Transportation Committee. “In the assembly, Sheldon Silver enabled the governor’s cause by not allowing a bill that was passed in the Senate during a special legislative session to come out of committee and to the floor for a vote. The governor has continually disregarded overwhelming opposition from New Yorkers, county clerks and Legislators, and continues on full steam ahead. This lawsuit is necessary because he and the Assembly leadership are complicit with this illegal plan.”

The lawsuit, spearheaded by Assembly Minority Leader Jim Tedisco, will list five causes of action against the governor’s plan, outlining how it is illegal, unconstitutional and a threat to security.

First, the Governor’s plan is in direct violation of Section 502 of the State Vehicle and Traffic Law, which states that the commissioner of the Department of Motor Vehicles shall require a Social Security number before issuing a driver’s license.

Second, the plan defies basic constitutional principles, the principal of - separation of powers - between the Executive and Legislative branches as outlined in Articles I and II of the State Constitution.

Third, from the outset, the governor’s plan does not follow proper administrative procedure in the manner in which it failed to provide New Yorkers with notice and an opportunity to be heard, as required under the State Administrative Procedure Act.

Fourth, the plan impairs the legislative intent behind an amendment to the State Vehicle and Traffic Law’s Section 502, which was to enhance the state’s ability to enforce child support obligations.

Finally, Governor Spitzer’s plan would impair New York’s ability to share driver information with other states.