U.S. v. STATE OF NEW YORK

Nos. 96-CV-5562 FB, 96-CV-5864 FB.

3 F.Supp.2d 298 (1998)

UNITED STATES of America, Plaintiff, v. STATE OF NEW YORK, George E. Pataki, Governor of the State of New York, Brian J. Wing, Acting New York State Commissioner of Social Services, Barbara A. DeBuono, New York State Commissioner of Public Health, James L. Stone, New York State Commissioner of Mental Health, Thomas A. Maul, New York State Commissioner of Mental Retardation and Developmental Disabilities, Richard P. Mills, New York State Commissioner of Education, John L. Behan, Director of the New York State Division of Veterans Affairs, Walter G. Hoefer, Director of the New York State Office for the Aging, Jean Somers Miller, New York State Commissioner of Alcoholism and Substance Abuse, Alexander F. Treadwell, New York State Secretary of State, Robert R. Snashall, Chairman of the New York State Workers' Compensation Board, Marva L. Hammons, Commissioner of Human Resources of the City of New York, and Thomas R. Wilkey, Executive Director of the New York State Board of Elections, in their official capacities, Defendants. DISABLED IN ACTION OF METROPOLITAN NEW YORK; Jovita Acosta; Tisheca Luckey, Plaintiffs, v. Marva L. HAMMONS, Administrator, New York City Human Resources Administration, in her official capacity; Barbara A. DeBuono, Commissioner, New York State Department of Health, in her official capacity; Brian J. Wing, Acting Commissioner, New York State Department of Social Services, in his official capacity, Defendants.

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

May 7, 1998.


Attorney(s) appearing for the Case

Zachary W. Carter, United States Attorney, Eastern District of New York, by Sanford M. Cohen, Assistant United States Attorney, Brooklyn, New York and Judybeth Greene, Washington, D.C., for plaintiff United States of America.

Community Service Society, by Jonathan Feldman, New York City, for the plaintiffs Disabled in Action of Metropolitan New York, Inc., Jovita Acosta and Tisheca Luckey.

Michael D. Hess, Corporation Counsel of the City of New York by Paul Marks, Assistant Corporation Counsel, New York City, for defendant Marva L. Hammons.

Dennis C. Vacco, Attorney General of the State of New York by Vincent Leong, Assistant Attorney General, New York City, for defendants State of New York, George E. Pataki, Brian. J. Wing, Barbara A. DeBuono, James L. Stone, Thomas A. Maul, Richard P. Mills, John L. Behan, Walter G. Hoefer, Jean Sommers Miller, Alexander F. Treadwell, and Robert R. Snashall.

Peter S. Kosinski, Patricia Murray, Special Counsel, Albany, NY, for defendant Thomas R. Wilkey.


MEMORANDUM AND ORDER

BLOCK, District Judge.

The two above-captioned actions challenge the "agency-based" voter registration system that was implemented by the City and State of New York in response to the enactment of the National Voter Registration Act of 1993 ("NVRA"), 42 U.S.C. § 1973gg et seq. The discrete legal issue posed by the motions which are the subject of this decision is whether the State is required to designate the approximately...

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