Andrew Cuomo and Carl McCall said a New York law should mirror the landmark legislation that Vermont, after months of wrenching debate, enacted two years ago to allow civil unions of gay and lesbian partners.

But the Democrats said they oppose making New York the first state to legalize homosexual marriage - a step that would require other states to recognize the marriages of gay and lesbian couples from New York.

An aide said Republican Gov. Pataki opposes any changes in state marriage laws. "We are comfortable with where the laws are right now," said spokesman Michael McKeon.

'Should have been first'

Cuomo, who was secretary of Housing and Urban Development in former President Bill Clinton's administration, raised the issue of same-sex unions in a speech to 150 members of a group called New York Women for Andrew.

"New York should have been first. When I am governor, New York will be the second," he said.

Later, a spokeswoman for McCall, the state controller, said he also favors such a law.

"Carl McCall has spent his entire career fighting discrimination in all forms. He has repeatedly voiced support for the enactment of Vermont-style civil union legislation," said spokeswoman Marissa Shorenstein.

Bills have stalled

Representatives of homosexual-rights groups welcomed the positions of the two Democrats but said they preferred the legalization of homosexual marriages.

Bills related to gay and lesbian rights generally have been unpopular in the state Legislature. No bill is pending to allow civil unions for gays.

Gay-marriage bills have been introduced in the state Senate and Assembly but have stalled.

But in the last legislative session, lawmakers passed and Pataki signed bills giving the partners of gay and lesbian victims of the Sept. 11 attacks the same benefits they would have received had they been married.

Also yesterday, Cuomo advanced several child-care proposals, including creating 115,000 more day care slots for children funded through tax credits for businesses that pay to build child care facilities.

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