In anticipation of Governor Eliot Spitzer not rescinding his unlawful plan to give illegal aliens driver's licenses, Assembly Minority Leader Jim Tedisco (R,C,I-Schenectady-Saratoga) today said he will file a lawsuit to stop the plan from going forward.

The lawsuit - which will be filed in State Supreme Court in Albany County tomorrow morning - is being brought on behalf of Assemblyman 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.

"Regrettably, all signs point to Governor Spitzer not rescinding his unlawful proposal to give illegal aliens driver's licenses. Governor Spitzer has left our Conference with no choice than to file a lawsuit against him and David Swarts, Commissioner of the State Department of Motor Vehicles, to try and stop this unlawful plan from proceeding," Tedisco stated.

"This lawsuit is not something I or my colleagues entered into lightly - we gave it serious thought and consideration. We are going forward because we truly believe - as do 72 percent of New Yorkers - that Governor Spitzer's plan, which was crafted unilaterally, in near secrecy with no input from the public or legislature, is unlawful and, if implemented, would make our state and nation a less secure, less safe place," Tedisco said.

"Our lawsuit has one goal and one goal only - preventing Governor Spitzer's illegal plan from becoming a reality. We will use every means at our disposal - legislative, legal and otherwise - to stop the Governor's plan," Tedisco concluded.