ALBANY, N.Y. (NEWS10) – Rensselaer County Clerk Frank Merola filed a motion for reconsideration on Monday after a federal judge dismissed a lawsuit against the Green Light Law on Friday. The judge dismissed the case based on the fact that he said Merola did not have the capacity to sue the state.
Merola and his attorney claim that several previous cases in New York set a precedent for County Clerks to hold the capacity to sue in certain cases.
The Green Light Law allows undocumented immigrants to get a driver’s license. Merola claims the law is unconstitutional because it would force him to violate the federal constitution, which he took an oath to defend.
The documents can be viewed and downloaded below: