PADAVAN v. U.S.

No. 885, Docket 95-6156.

82 F.3d 23 (1996)

Frank PADAVAN, Charles D. Cook, Joseph R. Holland, Serphin R. Maltese, John J. Marchi, Michael J. Tully, Jr., Dale M. Volker and Rensselaer County, Nassau County and Suffolk County, on their own behalf and as class representatives of all counties in New York, Plaintiffs-Appellants, v. UNITED STATES of America, Janet Reno, Attorney General of the United States, Doris Meissner, Commissioner of the Immigration and Naturalization Service, Carol Chasse, Director of the INS Eastern Regional Office, John J. Ingham, Director of the INS Buffalo District, Edward J. McElroy, Acting Director of the INS New York District, Donna E. Shalala, Secretary of the United States Department of Health and Human Services and Alice Rivlin, Director of the Office of Management and Budget, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1996.


Attorney(s) appearing for the Case

David Markey, Counsel, New York State Senate Majority Task Force on Immigration, Albany, NY (Charles J. Assini, Jr., Counsel to State Senator Frank Padavan, Robert A. Smith, County Attorney for the County of Rensselaer, Owen B. Walsh, County Attorney for the County of Nassau, Robert Cimino, County Attorney for the County of Suffolk, of counsel), for Plaintiffs-Appellants.

Mark B. Stern, Appellate Staff Civil Division, Department of Justice, Washington, DC (Thomas J. Maroney, United States Attorney for the Northern District of New York, Frank W. Hunger, Assistant Attorney General, Ellen D. Katz, Appellate Staff Civil Division, Department of Justice, Washington, DC, of counsel), for Defendants-Appellees.

Before: VAN GRAAFEILAND, MINER and CABRANES, Circuit Judges.


MINER, Circuit Judge:

Plaintiffs-appellants New York State Senators Frank Padavan, Charles D. Cook, Joseph R. Holland, Serphin R. Maltese, John J. Marchi, Michael J. Tully, Jr., and Dale M. Volker, along with Rensselaer, Nassau, and Suffolk Counties1 (together, the "plaintiffs") appeal from a judgment entered in the United States District Court for the Northern District of New York (McAvoy, C.J.) granting the motion of defendants-appellees...

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