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MENDEZ v. HELLER

No. 290, Docket 75-7369.

530 F.2d 457 (1976)

Maria Rivera MENDEZ, individually and on behalf of all other persons similarly situated, plaintiff, Louisa Roman, individually and on behalf of all other persons similarly situated, Intervenor-Plaintiff-Appellant, v. Hon. Louis B. HELLER, individually and as Presiding Justice of Special Term, Part V, of the Supreme Court of the State of New York, Kings County, Nat Liebowitz, individually and as Chief Clerk of Special Term, Part V, of the Supreme Court of the State of New York, Kings County, Both individually and on behalf of all other persons similarly situated, and Louis J. Lefkowitz, individually and as Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 10, 1976.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn, N.Y. (Brooklyn Legal Services Corp. B, Marjory D. Fields, Brooklyn, N.Y., of counsel), for appellant Roman.

Amy Juviler, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Rosalind Fink, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of a three-judge court dismissing plaintiffs' complaint on defendants' motion for summary judgment. We affirm.

The facts are not disputed. On March 31, 1973, appellant married Thomas Roman in Puerto Rico. She left her husband in California in June 1974, and moved to New York the following month. Appellant wishes to obtain a New York divorce and alleges that she has grounds therefor based on her...

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