ZUCKERMAN v. APPELLATE DIV., SEC. DEPT., S. CT. OF ST. OF N. Y.

Nos. 37, 38, Dockets 33385, 33386.

421 F.2d 625 (1970)

Landon ZUCKERMAN and Sam Haber, Plaintiffs-Appellants, v. APPELLATE DIVISION, SECOND DEPARTMENT, SUPREME COURT OF the STATE OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 29, 1970.


Attorney(s) appearing for the Case

Landon Zuckerman, Woodbury, N. Y. (Sam Haber, Glen Cove, N. Y., on the brief), pro se.

Joel Lewittees, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendant-appellee.

Before MOORE, HAYS and ANDERSON, Circuit Judges.


HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York dismissing the complaint in an action in which jurisdiction was based upon 42 U.S.C. § 1983 (1964) and appellants alleged deprivation of constitutional rights and sought designation of a three judge court under 28 U.S.C. § 2281 (1964) to consider the constitutionality of Section 90 of the New York Judiciary Law (McKinney 1958). We...

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