ECHEVARRIA v. CAREY

No. 75 Civ. 1801.

402 F.Supp. 183 (1975)

Antonia ECHEVARRIA, Individually, and on behalf of all others similarly situated, Plaintiff, v. Hugh CAREY, Individually, and as Governor of the State of New York, et al., Defendants.

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

August 29, 1975.


Attorney(s) appearing for the Case

Jack John Olivero, Richard J. Hiller, Herbert Teitelbaum, Puerto Rican Legal Defense and Education Fund, Inc., New York City, Burt Neuborne, New York University School of Law, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants Carey, Schwartz, Acito, Rettaliata and McKeon and pro se pursuant to Executive Law § 71; A. Seth Greenwald, Asst. Atty. Gen., of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants Feuer, Previte, Sachs, Sadowski, Eastman, Sclafani, Kochman, Cassidy, Avarello and Bass; William P. DeWitt, New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

Plaintiff challenges the validity of section 186 of New York State's Election Law1 as applied to her and others of her class. Plaintiff acquired voting residence in New York after the November 1974 general election, thereby entitling her to vote in the oncoming election in November 1975; however, section 186, which requires that voters must have enrolled in a party at least thirty days...

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