NEW YORK URBAN LEAGUE, INC. v. STATE OF NEW YORK

No. 1112. Docket 95-9108.

71 F.3d 1031 (1995)

NEW YORK URBAN LEAGUE, INC., Straphangers Campaign, Andrea Mapp, Deborah Carrington, and Juan B. Gonzalez, Plaintiffs-Appellees, v. The STATE OF NEW YORK, George E. Pataki, as Governor of the State of New York, Joseph L. Bruno, as Temporary President of the New York State Senate, and Sheldon Silver, as Speaker of the New York State Assembly, Defendants, Metropolitan Transportation Authority, E. Virgil Conway, as Chairman and President of the MTA, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 7, 1995.


Attorney(s) appearing for the Case

Eric T. Schneiderman, Kirkpatrick & Lockhart, New York City (Gerald A. Novack, John Sullivan, Peter Vaughan, Alan S. Brodherson, on the brief), for plaintiff-appellee N.Y. Urban League, Inc.

G. Oliver Koppell, Zwerling, Schachter, Zwerling & Koppell, New York City (Dan Drachler, Hillary Sobel, on the brief), for plaintiffs-appellees Straphangers Campaign, Andrea Mapp, Deborah Carrington, and Juan B. Gonzalez.

Jeffrey Glekel, Skadden, Arps, Slate, Meagher & Flom, New York City (Thomas J. Schwarz, Jeremy A. Berman, on the brief), for defendants-appellants Metropolitan Transp. Authority and E. Virgil Conway, as Chairman and President of the MTA.

Harvey J. Golubock, Assistant Attorney General In Charge, Litigation Bureau, New York City (Dennis C. Vacco, Attorney General of the State of New York, Victoria A. Graffeo, Solicitor General, Jeffrey I. Slonim, Gary E. Lesch, Assistant Attorneys General, of counsel), for defendant State of N.Y.

Barbara J. Olshansky, Michael E. Deutsch, The Center for Constitutional Rights, New York City, for amicus curiae The New York City Environmental Justice Alliance.

Before WALKER, LEVAL, and CABRANES, Circuit Judges.


PER CURIAM:

Plaintiffs filed this action on October 20, 1995, challenging the allocation by the State of New York and the Metropolitan Transportation Authority ("MTA") of funds for mass transit in New York City and surrounding suburban communities. Plaintiffs claim that riders of the New York City Transit Authority ("NYCTA") subway and bus system, the majority of whom are members of protected minority groups, pay a higher share of the cost of operating that system...

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