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BILLINGTON v. HAYDUK

No. 475, Docket 77-7524.

565 F.2d 824 (1977)

Michael O. BILLINGTON, Plaintiff-Appellee, v. Albert HAYDUK and Joseph McNamara, as Commissioners of the Board of Elections, Westchester County, William Bruns and Marianne Oldi, as Deputy Commissioners of the Board of Elections, Westchester County, Defendants-Appellants, and Francis A. Nicolai, Defendant.

United States Court of Appeals, Second Circuit.

Decided November 2, 1977.

Attorney(s) appearing for the Case

Jonathan Lovett, Deputy County Atty., White Plains, N. Y. (David N. Brainin, Westchester County Atty., and Lester Steinman, Asst. County Atty., White Plains, N. Y., of counsel), for defendants-appellants.

Arthur Eisenberg, New York City (Jeremiah S. Gutman and Levy, Gutman, Goldberg & Kaplan, Civil Liberties Union, New York City, of counsel), for plaintiff-appellee.

Before FEINBERG, OAKES and GURFEIN, Circuit Judges.

PER CURIAM:

Michael O. Billington, a candidate of the Socialist Labor Party for the office of County Executive of Westchester County, sued Albert Hayduk and Joseph McNamara as Commissioners of the Board of Election of Westchester County, in the United States District Court for the Southern District of New York, for a declaration that § 15 of the Westchester County Charter, Chapter 617, Laws of 1937, is constitutionally invalid, and to enjoin the Commissioners...

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