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AVRUTICK v. WILSON

No. 74 Civ. 1590.

382 F.Supp. 984 (1974)

Alice G. AVRUTICK and Melvin Asencio, on behalf of each other and on behalf of all others similarly situated; namely, those persons newly arrived in New York State who are precluded from enrolling in the political party of their choice by the operation of Section 186 of New York's Election Law, Plaintiffs, v. Malcolm WILSON, Individually and as Governor of the State of New York, et al., Defendants.

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

September 4, 1974.

Attorney(s) appearing for the Case

Richard Hiller, New York City, Puerto Rican Legal Defense Fund, for plaintiffs.

A. Seth Greenwald, New York City, for Attorney General.

OPINION

OWEN, District Judge.

Melvin Asencio, a resident of Puerto Rico, moved to Bronx County, New York, on January 24, 1974. On March 15, 1974, he duly registered to vote, but was denied enrollment to vote in the September 1974 primary election by reason of the durational residence requirement of N.Y. Election Law § 186 (McKinney's Consol.Laws c. 17, 1964).* Asencio now moves for a declaration that as to him, N.Y. Election...

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