On August 1, 2008, a State Supreme Court judge denied the state's motion to dismiss the case. In July 2009, the Third Department of the Appellate Division, in a split decision, reversed the lower court's denial of the state's motion to dismiss. In May 2010, the State Court of Appeals, New York's highest court, overturned the Third Department in a 4-to-3 ruling, allowing the case to proceed.
On August 1, 2008, a State Supreme Court judge rejected the state's petition to dismiss the case. In July 2009, the Third Department of the Appellate Division, in a divided decision, overturned the lower court's rejection of the state's motion to dismiss. In May 2010, the State Court of Appeals, New York's highest tribunal, reversed the Third Department in a 4-to-3 ruling, permitting the case to continue.