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MULHOLLAND v. CAREY

No. 97-CV-0684 (FB).

976 F.Supp. 166 (1997)

Mary MULHOLLAND, Michele A. Danels, Craig A. Seeman and Bennie Mendez, as officers of the Independence Party County Committee of Kings County and Independence Party County Committee of Kings County, Plaintiffs, v. Weyman A. CAREY, Ronald James D'Angelo, Frederic Umane, Douglas A. Kellner, Ferdinand C. Marchi, Seymour Sheldon, Gertrude Strohm, Vincent J. Velella, Kathleen Wagner and Paul Mejias, Commissioners of Elections constituting the Board of Elections in the City of New York, Carol Berman, Owen Smith, Evelyn Aquila and Helen Donohue, Commissioners of Elections constituting the New York State Board of Elections and Dennis Vacco, Attorney General of the State of New York and Charles F. Knapp, Gayle E. Weintraub, Alida Siegel, objects and Jack R. Essenberg, Chairperson and James F.X. Doyle, Secretary of the Independence Party of the State of New York State Committee and Joan Millman, John Johnston and Ablert Asfazodour, candidates, Defendants.

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

September 8, 1997.

Attorney(s) appearing for the Case

Dominick A. Fusco, Bronx, NY, for Mary Mulholland, Michele A. Danels, Craig A. Seeman, Bennie Mendez, Independence Party County Committee of Kings County.

Joel Graber, Asst. Atty. General Office of the Atty. General, New York City, for New York State Bd. of Elections.

James F. X. Doyle, Bohemia, NY, for Doyle.

Harry Kresky, Knapp & Weintraub, New York City, for Knapp and Weintraub.

Paul Marks, Asst. Corp. Counsel Office of the Corp. Counsel, New York City, New York City Bd. of Elections.

Michael Freeman, Hymowitz & Freeman, New York City, for Siegel.

BLOCK, District Judge.

Presently before the Court is plaintiffs' motion for a preliminary injunction. Plaintiffs are members of the Independence Party of New York from Kings County and seek to preclude the New York City Board of Elections ("Board of Elections") from removing the names of six candidates from the ballot for the Independence Party primary election to be held on September 9, 1997. For the reasons stated below...

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