Columbia Law School Professor Michael Dorf answers this interesting question in his recent commentary in FindLaw: Should Executive Officials Defend Laws They Consider Unconstitutional?

On a related subject, Mayor Bloomberg stated to the press that he wanted the City’s attorneys to appeal Justice Ling-Cohan’s decision on same-sex marriage in New York straight to the New York Court of Appeals.  Can the City do that? 

It appears so from what I can glean from Justice Ling-Cohan’s decision.  Under CPLR 5601(b)(2), the City can appeal as of right straight to the Court because the decision resolves the constitutionality of a section of the Domestic Relations Law.  Since the issue was resolved on a declaratory judgment action, the decision appears final.