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COTO v. NEW YORK CITY BD. OF ELECTIONS

Nos. 976, 986, Dockets 96-9268, 96-9292.

101 F.3d 803 (1996)

Dinorah COTO; David Fernendez; Ann Gandolfo; Robert Moore; Anna Moore; Louis Campbell; Luciano Navarro; Susan Dougherty; William Hinckley; and Robert DiCarlo, Candidate for the Republican Nomination for State Senator from the 23rd Senate District, Plaintiffs-Appellees, v. NEW YORK CITY BOARD OF ELECTIONS; Paul Mejias, President; Frederick Umane, Secretary; Weyman A. Carey; Douglas Kellner; Ferdinand C. Marchi; Seymour Sheldon; Ron D'Angelo; Gertrude Strohm; Vincent Velella; Kathleen M. Wagner, Commissioners and Daniel DeFrancesco, Executive Director, Defendants-Appellees, John Gangemi, Candidate for the Republican Nomination for State Senator from the 23rd Senate District; Guy Molinari and Joseph Silva, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 8, 1996.

Written Opinion Filed November 26, 1996.

Attorney(s) appearing for the Case

Aaron D. Maslow, Dorn & Associates, P.C., Brooklyn, NY, for Defendants-Appellants.

Thomas J. Spargo, East Berne, NY, for Plaintiffs-Appellees Coto, Fernendez, Gandolfo, Robert Moore, Anna Moore, Campbell, Navarro, Dougherty, and Hinckley.

Before: OAKES, ALTIMARI and MAHONEY, Circuit Judges.

ALTIMARI, Circuit Judge:

The present case involves a constitutional challenge to the September 10, 1996 Republican primary election for state senator in the 23rd Senate District of New York State, covering portions of Kings and Richmond Counties. As explained in the companion opinion Gold v. Feinberg, 101 F.3d 796 (2d Cir.1996), issued concurrently with this opinion and with which familiarity is presumed, the primary election...

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