Governmental Affairs

NOVEMBER 2010

ALBANY 2010 Election Results AMSTERDAM ATLANTA Overview AUSTIN The following is a summary of the 2010 election results in New York. As described BOSTON below, although Democrats retain control of all five statewide offices (Governor, Attorney General, Comptroller, and both Senate seats), there are DALLAS several legislative races that are too close to call. Although the Democrats will DELAWARE maintain a large majority in the Assembly, it appears that the Republicans may DENVER have gained control of the Senate. FORT LAUDERDALE HOUSTON Statewide Races LAS VEGAS Andrew Cuomo (D) handily defeated Carl Paladino (R) with a 61%-35% victory to be LONDON* the next Governor of the State of New York. Cuomo, the son of former Governor LOS ANGELES Mario Cuomo, is expected to attempt to implement his “reform” agenda, which MIAMI includes focusing on a property tax cap, government consolidation, ethics changes, NEW JERSEY and other cost-cutting measures. NEW YORK ORANGE COUNTY A poll released during the final days before the election showed State Senator Eric ORLANDO Schneiderman (D) and Staten Island District Attorney Dan Donovan (R) running neck- PALM BEACH COUNTY and-neck in the race for Attorney General. Schneiderman ultimately won by approximately 12 percentage points. Like Cuomo, and Spitzer before him, PHILADELPHIA Schneiderman is expected to be a highly activist attorney general with an eye PHOENIX towards high profile investigations. SACRAMENTO SAN FRANCISCO Similarly, Tom DiNapoli (D), who had been initially appointed to be the State SHANGHAI Comptroller after Alan Hevesi resigned due to a corruption scandal, narrowly SILICON VALLEY defeated Republican challenger Harry Wilson. Ultimately, DiNapoli won by less than TALLAHASSEE 125,000 votes out of nearly 4 million votes cast. TAMPA State Senate TYSONS CORNER

WASHINGTON, D.C. Although recounts and challenges appear to already be underway, it seems that the WHITE PLAINS Democrats may have lost the majority of the Senate. Incumbent Democrats Brian Foley (3rd SD - Suffolk County) and Darrel Aubertine (48th SD - North Country) lost in tight elections, and Craig Johnson (7th SD - Nassau County) is trailing the Republican Strategic Alliances with challenger by 415 votes. Republican incumbent Frank Padavan (11th SD - Queens Independent Law Firms** County) also lost in a tough race to City Councilman Tony Avella. Additionally, MILAN Democrat David Carlucci, a 29-year-old town clerk, beat Republican Rockland ROME County Executive C. Scott Vanderhoef to win the state Senate seat that was held by ZURICH the late state Sen. Thomas Morahan. It is also worth noting that in one of the more closely watched open races, Hudson Valley Republican Assemblyman Greg Ball defeated Democratic Westchester County Legislator Michael Kaplowitz to replace Republican Senator Vinnie Leibel.

1 GREENBERG TRAURIG, LLP . ATTORNEYS AT LAW . WWW.GTLAW.COM Governmental Affairs

NOVEMBER 2010

In addition to the Craig Johnson race, there are two races that are too close to tell whether the incumbent Democrats will be able to maintain their seats — Suzi Oppenheimer (37th SD - Westchester), Antoine Thompson (60th SD - Erie and Niagara Counties). Assuming that both of these Democrats are able to keep their seats, and Johnson loses, the Senate will be deadlocked — comprising 31 Democrats and 31 Republicans. Although it is commonly understood that this would mean that the Lieutenant Governor would be able to exercise his State Constitutional power and vote to break a tie, it is unclear whether this “casting vote” may only be exercised on procedural matters or for all votes. Should either of these incumbents lose, the Republicans will regain the majority lost in 2008.

State Assembly

Prior to this election, Speaker Sheldon Silver and the Democrats held a 107 seat majority in the 150 person Assembly. It appears that this veto proof majority may have slightly eroded. The Republicans appear to have picked up at least seven seats and there are three races that are still too close to call. Incumbent Democrats Hyer-Spencer (60th AD - Staten Island), Gordon (108th AD - parts of the Capital Region), Stirpe (121st AD - North Syracuse), Koon (135th AD - Monroe County), all lost. Additionally, Republicans won open seats in areas of Niagara County, Chautauqua County, and Suffolk County. Three races remain too close to call. In the first Assembly District, incumbent Democrat Marc Alessi (Suffolk County) is trailing the Republican challenger by 40 votes; freshman Democrat Frank Skartados (100th AD - Hudson Valley) is leading by just 144 votes; and Assemblyman Bob Reilly (109th AD - Colonie) is ahead of the Republican by less than 600 votes.

Congress

Although both U.S. Senators Schumer and Gillibrand coasted to re-election, the Republicans picked up at least five congressional seats in New York. In Staten Island, Michael Grimm beat incumbent Democrat Michael McMahon; in the Hudson Valley, Nan Hayworth beat Rep. John Hall; Congressman Scott Murphy (D-20th CD) lost to Chris Gibson; Rep. Michael Arcuri of the 24th Congressional District lost to Richard Hanna, and the seat that was vacated by Eric Massa will now be held by Republican . The Republicans now hold seven of New York’s congressional seats.

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This GT Alert was prepared by the Albany Government Affairs Team.

Questions about this information can be directed to Harold Iselin, Michael Murphy or Joshua Oppenheimer at (518) 689-1400, or to your Greenberg Traurig attorney.

2 GREENBERG TRAURIG, LLP . ATTORNEYS AT LAW . WWW.GTLAW.COM Governmental Affairs

NOVEMBER 2010

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Boston Miami Shanghai 617.310.6000 305.579.0500 +86 21 6391 6633

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Dallas New York Tallahassee 214.665.3600 212.801.9200 850.222.6891

Delaware Orange County Tampa 302.661.7000 949.732.6500 813.318.5700

Denver Orlando Tysons Corner 303.572.6500 407.420.1000 703.749.1300

Fort Lauderdale Palm Beach County North Washington, D.C. 954.765.0500 561.650.7900 202.331.3100

Palm Beach County South White Plains 561.955.7600 914.286.2900

This Greenberg Traurig Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice. Please contact the author(s) or your Greenberg Traurig contact if you have questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience. Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2010 Greenberg Traurig, LLP. All rights reserved. *Operates as Greenberg Traurig Maher LLP. **Greenberg Traurig is not responsible for any legal or other services rendered by attorneys employed by the Strategic Alliance firms.

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