BLOCK v. MARINO

No. 92 Civ. 6924 (MBM).

819 F.Supp. 349 (1993)

Arthur R. BLOCK, Conant B. Rose, and Judith Jorrisch, Plaintiffs, v. John A. MARINO, as Chair of the State Committee of the Democratic Party of the State of New York, Herman D. Farrell, Jr., as County Leader of the County Committee of the Democratic Party of the County of New York, Geraldine Daniels, as Chairperson of the County Committee of the Democratic Party of the County of New York, Clarence Norman, as County Leader of the Kings County Democratic County Committee, Marcey Feigenbaum, as the Chairperson of the Kings County Democratic County Committee, Kathleen Wagner, as President of the Commissioners of the Board of Elections in the City of New York, Daniel Defrancesco, as Executive Director of the Board of Elections in the City of New York, the Board of Elections in the City of New York, and Jerrold Nadler, as putative Democratic Party nominee for election to the office of Member of Congress of the United States from the Eighth Congressional District of New York, Defendants.

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

April 29, 1993.


Attorney(s) appearing for the Case

Harry Kresky, New York City, for plaintiffs.

Gerard E. Harper, Gregory A. Clarick, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants John A. Marino, Marcey Feigenbaum, and Clarence Norman.

Arthur R. Block, New York City, pro se and for co-plaintiffs.

Douglas A. Kellner, Kellner, Chehebar & Deveney, New York City, for defendants Herman D. Farrell, Jr., Geraldine Daniels, and Jerrold Nadler.


OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Arthur R. Block lost a primary election last September in New York's Eighth Congressional District, by a margin of 88 percent to 12 percent, to a man who, as the electorate well knew, had died before the vote — the late Rep. Ted Weiss. Block and two voters responded six days later with this lawsuit, seeking a judicial reversal of the electorate's resounding verdict. Plaintiffs claim that Weiss's...

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