KUNTZ v. NEW YORK STATE SENATE

No. 883, Docket 96-7678.

113 F.3d 326 (1997)

William KUNTZ, III, Plaintiff-Appellant, v. NEW YORK STATE SENATE, Defendant, The Board of Elections of the State of New York, Jane Does, 1 thru 99, John Does, 1 thru 99, William M. Davis, sued as John Doe, John M. McHugh, sued as John Doe, William Powers, McHugh Independent Petition Does, 1, 2, and 3, Clinton County, New York, Russell J. Trombloy, Sheriff of Clinton County, New York, Deputy Sheriff Does 1, 2 & 3, Clinton County Fair Association, Mr. LaPage, Clinton County Does 1, 2 and 3, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 12, 1997.


Attorney(s) appearing for the Case

William Kuntz, III, pro se, Westport, NY, for Plaintiff-Appellant.

Veronica Carrozza O'Dell, Fitzgerald Morris Baker Firth, P.C., Glens Falls, NY, for Defendants-Appellees Clinton County, Sheriff Russell J. Trombloy, and Deputy Sheriff Does 1, 2 & 3.

Carl J. Madonna, Madonna, Saxer, Anderson & Wolinsky, Plattsburgh, NY, for Defendants-Appellees William LePage and The Agricultural & Industrial Fair of Clinton County.

Patricia Murray, New York State Board of Elections, Albany, NY, for Defendant-Appellee New York State Board of Elections.

Todd Valentine, Albany, NY, for Defendant-Appellee William Davis.

Jeffrey T. Buley, Cusik Hacker Law Firm, Latham, NY, for Defendant-Appellee William Powers.

John M. McHugh, pro se, Washington, DC, for Defendant-Appellee John M. McHugh.

Before WINTER, CABRANES, and PARKER, Circuit Judges.


WINTER, Circuit Judge:

William Kuntz, III, pro se, appeals from Chief Judge McAvoy's decision granting appellees' motion for summary judgment and dismissing Kuntz's complaint. Kuntz was an independent candidate for the United States House of Representatives from the 24th Congressional District of New York in the 1992 election. Kuntz alleges that New York Election Law Sections 6-136(2)(g) and 6-142(2)(e) violate the Equal Protection Clause of the Fourteenth...

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