BOARD OF ELECTIONS OF CITY OF NEW YORK v. LOMENZO

No. 72 Civ. 3777.

358 F.Supp. 1190 (1973)

The BOARD OF ELECTIONS OF the CITY OF NEW YORK et al., Plaintiffs, v. John P. LOMENZO, Secretary of State of the State of New York, Defendant.

United States District Court, S. D. New York.

May 22, 1973.


Attorney(s) appearing for the Case

Norman Redlich, Corp. Counsel, New York City, for plaintiffs Board of Elections and others; Mary P. Bass, New York City, of counsel.

New York Civil Liberties Union, New York City, for plaintiffs First Vote, Youth Citizenship Fund, Alan Epstein and Richard Johnson; Burt Neuborne, Arthur Eisenberg, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendant; Robert S. Hammer, Asst. Atty. Gen., of counsel.


MEMORANDUM

TENNEY, District Judge.

Plaintiffs herein move pursuant to 28 U.S.C. §§ 2281 and 2284 (1970) for an order convening a statutory court of three judges to hear and determine their application for a declaratory judgment and preliminary and permanent injunction restraining enforcement of a New York State statute of statewide applicability allegedly in conflict with the Constitution of the United States.

Basing jurisdiction upon 42...

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