Osceola L. FLETCHER, Gloria B. Corley, Joseph Jeffries-El, Nilda Munoz, Carmen Maldonado, Felix Vasquez, Maurice Gumbs, Sam Lambert, Lucy Lucas, Carlos Rondon, Catherine Craig, Wanda Lopez, Anita Vas Garcia, Elba Roman, Beatrice De Sapio, Jacques Pessah, Joseph Iorio, Sheldon Plotnick, Jay Goldman, Rhoda Wattman, Sheldon Fine, Irene Barbaro, James C. Sullivan, Irving Schwartz, Colleen A. Edmondson, Phillip Scala and all persons similarly situated, Plaintiffs-Appellees,
v.
Ralph MARINO, both individually and as Temporary President and Majority Leader of the New York State Senate, the State Senate of the State of New York, Melvin Miller, both individually and as Speaker of the Assembly of the State of New York, the Assembly of the State of New York, Mario Cuomo, both individually and as Governor of the State of New York, Stanley Lundine, both individually and as Lieutenant Governor of the State of New York and as Presiding Officer and President of the Senate of the State of New York, Bernard Mecklowitz, Acting Chancellor of the Board of Education of the City of New York, Board of Education of the City of New York, the Board of Elections of the City of New York, and Robert Abrams as the Attorney General of the State of New York, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 19, 1989.
Decided June 20, 1989.
Opinion August 9, 1989.
Attorney(s) appearing for the Case
Harvey Golubock, Deputy First Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., Dennis J. Saffran, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants Marino, The State Senate of the State of N.Y., Miller, The Assembly of the State of N.Y., Cuomo, Lundine and Abrams.
Linda H. Young, Asst. Corp. Counsel, New York City (Peter L. Zimroth, Corp. Counsel of City of New York, Leonard Koerner, Ellen B. Fishman, Asst. Corp. Counsel, New York City, of counsel), for defendants-appellants Mecklowitz, Bd. of Educ. of City of New York, and Bd. of Elections of City of New York.
Robert Allan Muir, Jr., Brooklyn, N.Y., for plaintiffs-appellees.
Jay Worona, Deputy Counsel and Director of Litigation Services, Cynthia P. Fletcher, N.Y.S. School Boards Ass'n, Albany, N.Y., Robert E. Diaz, Counsel and Deputy Com'r for Legal Affairs, Mary Ellen Lorini, State Educ. Dept., Albany, N.Y., Rhonda Weingarten, Counsel to the President, United Federation of Teachers, New York City, for amici curiae, N.Y.S. School Boards Ass'n, State Educ. Dept. and United Federation of Teachers.
Before MESKILL, PIERCE and MAHONEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
These are expedited appeals from an amended judgment entered pursuant to Fed.R.Civ.P. 54(b) in the United States District Court for the Eastern District of New York, Costantino, J., that granted plaintiffs-appellees' request for a declaration that portions of the New York State law governing elections for New York City community school boards are unconstitutional. Because newly elected school board members were to be sworn in on July 1, 1989...
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