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LECCI v. CAHN

No. 409, Docket 73-2087.

493 F.2d 826 (1974)

Edward LECCI, Individually and as Representative of the Nassau County Patrolmen's Benevolent Association, Plaintiff-Appellee, v. William CAHN, District Attorney of Nassau County of the State of New York, and Francis B. Looney, Commissioner of Police, Nassau County of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 25, 1974.

Attorney(s) appearing for the Case

Allen R. Morganstern, Mineola, N. Y. (Richard Hartman, Mineola, N. Y., on the brief), for plaintiff-appellee.

Natale C. Tedone, Deputy County Atty., Nassau County (Joseph Jaspan, County Atty., Biagio F. Giaquinto, Sr. Deputy County Atty., Nassau County, of counsel), for defendants-appellants.

A. Seth Greenwald, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Constance B. Margolin, Deputy Asst. Atty. Gen., of counsel), for intervenor-appellant.

Before WATERMAN and MULLIGAN, Circuit Judges, and BRYAN, District Judge.

MULLIGAN, Circuit Judge :

The plaintiff individually, as a member of the Nassau County Police Department, and in his representative capacity as President of the Nassau County Patrolmen's Benevolent Association, commenced an action in the United States District Court for the Eastern District of New York on July 4, 1970, seeking a declaration that N.Y. Election Law § 426(3) (McKinney's Consol.Laws, c. 17 Supp.1973)1 is unconstitutional...

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