CULLEN v. FLIEGNER

No. 3440, Docket 93-7685.

18 F.3d 96 (1994)

Brian CULLEN, Plaintiff-Appellee, v. Dr. Herbert FLIEGNER, Joseph Ribando, Robert Quinn, Keld Alstrup, Bernard Modder, Constance Jones Phelps, Michael Santoianni, and the Tuxedo Union Free School District, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 28, 1994.


Attorney(s) appearing for the Case

Stephen A. Perelson, New York City, for appellants.

Robert N. Isseks, Goshen, New York, for appellee.

Before: KEARSE, JACOBS, Circuit Judges, and CARTER, District Judge.


ROBERT L. CARTER, District Judge:

This is a challenge to the method adopted by the Tuxedo Union Free School District to enforce New York State Education Law § 2031-a ("§ 2031-a"). Section 2031-a prohibits electioneering within 100 feet of a polling place during a school board election, and obligates the inspector of elections to place distance markers containing notice of the electioneering prohibition at a distance...

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