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RUBINO v. GHEZZI

Nos. 511, 876, Dockets 74-2374, 74-2435.

512 F.2d 431 (1975)

Pietro C. RUBINO, for himself and all other persons similarly situated, and Philip J. Zichello, Plaintiffs-Appellants, Harry T. Nusbaum, Plaintiff-Intervenor-Appellant, v. John J. GHEZZI, individually and in his capacity as Acting Secretary of State of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 3, 1975.

Attorney(s) appearing for the Case

Stephen Gillers, New York City (Elliot A. Taikeff, New York City, of counsel), for plaintiffs-appellants.

Gainsburg, Gottlieb, Levitan & Cole, New York City (Samuel Gottlieb, Alan C. Krieger, New York City, of counsel), for plaintiff-intervenor-appellant.

A. Seth Greenwald, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. for the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendant-appellee Ghezzi and Attorney General, pro se.

William P. DeWitt, Adrian P. Burke, Corp. Counsel, New York City, for defendants-appellees Katz, Irizarry and New York City Bd. of Elections.

Dikman & Botter, Jamaica, N. Y., for New York City Family Court Judges' Ass'n, amicus curiae.

Miller, Singer, Michaelson & Raives, New York City (Alfred Miller, Stephen L. Solomon, New York City, of counsel), for American Ass'n of Retired Persons, amicus curiae.

Before LUMBARD, HAYS and MULLIGAN, Circuit Judges.

PER CURIAM:

Philip J. Zichello, one of the named plaintiffs in this action commenced in the United States District Court for the Southern District of New York, was a Judge of the Civil Court of the City of New York, elected for a term which commenced on January 1, 1970. Although the normal term of office for this position is ten years, the New York State Constitution (Art. 6, § 25) and the Judiciary Law, McKinney's Consol.Laws, c. 30 (§ 23) provide for mandatory...

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