[JURIST] Leading Tuesday's states brief, the New York Supreme Court Appellate Division [official website] heard oral arguments today on whether the court should uphold a lower court ruling that found the state's same-sex marriage ban unconstitutional [JURIST report]. Attorneys for New York City argued that gay marriage is a legislative issue, while attorneys for the Lambda Legal civil rights organization [press release] said barring same-sex marriages denies both state and federal constitutional guarantees of equal protection and due process. City Attorney Leonard Koerner said that Mayor Michael Bloomberg [official website] supports gay marriage, but wants a definitive statewide ruling or statute to avoid the problematic situation of same-sex marriage being legal in New York City, but not in Buffalo. AP has more.

In other state legal news …

• The New Jersey Supreme Court ruled [PDF opinion] today that minor league baseball attendees struck by foul balls while standing in stadium concession areas may sue for their resulting injuries. While fans in unprotected areas assume some risk of such injury, the court found that attendees should be afforded greater protection in concession areas because "Fans reasonably and understandably let down their guard when they are in other areas of the stadium." The lawsuit, filed by a fan who was hit in the face with a foul ball, was remanded for trial. AP has more.
• North Carolina Attorney General Ray Cooper [official website] has said that House Speaker Jim Black [official profile], former House co-speaker Richard Morgan and Senate leader Marc Basnight [official profile] did not break the law last year when they placed nearly $14 million in reserve funds within three state agencies and then used the money to present checks to a variety of nonprofits and government programs during their campaign. Cooper said that while no law was broken, "It is clear that the manner in which state money was directed is problematic for its secrecy, its lack of accountability, and its end run around the legislative process." The reserve funds were placed within the Department of Cultural Resources, the Department of Health and Human Services, and the Office of State Budget and Management [official website]. North Carolina's News & Observer has local coverage.