In anticipation of Governor Eliot Spitzer not rescinding his plan to give illegal aliens driver’s licenses, Assemblyman Joe Giglio (R,I,C-Gowanda) today said he has joined members of his Assembly Minority Conference to file a lawsuit to stop the plan from moving forward.

The lawsuit – which will be filed in state Supreme Court in Albany County tomorrow morning – is being brought on behalf of Assembly Minority Leader Jim Tedisco and members of the Assembly Minority Conference. The suit will list five causes of action.

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

Second, that Governor Spitzer’s plan defies the principle of separation of powers between the Executive and Legislative branches as outlined in Articles I and II of the state Constitution.

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

“It is unfortunate it had to come to this, but the governor left us with no choice,” said Giglio. “At this point, there is no legislative remedy for the governor’s misguided policy so our only option is to go to court and I guarantee we will use every means at our disposal to try to put a stop to the governor’s plan.

“This lawsuit is not something I entered into lightly, it was given serious consideration and I am moving forward with this because the governor’s policy is unlawful and, if implemented, would make our state and nation less secure,” said Giglio.