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PRESTIA v. O'CONNOR

Docket No. 98-9336.

178 F.3d 86 (1999)

Michael R. PRESTIA, Ferdinand J. Iavarone, Catherine King, Thomas Scannapiego, Thomas Hogan, Helen J. Ghaney, Thomas Ghaney, Richard Doris, Joseph W. Pierce, and Maryellen Marx, Plaintiffs-Appellants, v. Terrence O'CONNOR, Stephen H. Weiner, Weyman A. Carey, Ronald J. D'Angelo, Gertrude Strohm, Michael J. Cilmi, Frederick M. Umane, Douglas A. Kellner, Crystal N. Paris, Vincent J. Velella, individually and as Commissioner members of the Board of Elections in the City of New York, Board of Elections in the City of New York, Richard Retcho, as Candidate or "Candidate Aggrieved" and Kevin Brawley, as Objector, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1999.

Attorney(s) appearing for the Case

Michael R. Prestia, College Point, NY, pro se.

George Gutwirth, Assistant Corporation Counsel of the City of New York (Michael D. Hess, Corporation Counsel, and Francis F. Caputo, Assistant Corporation Counsel, of counsel) for City Appellees.

Edward H. Wolf, Bronx, NY, for Appellees Richard Retcho and Kevin Brawley.

Before: CABRANES and SACK, Circuit Judges, and SHADUR, District Judge.

PER CURIAM:

This appeal presents the question of whether our holding in Rockefeller v. Powers, 78 F.3d 44 (2d Cir.1996)—that the freedoms of speech and association guaranteed by the First and Fourteenth Amendments were violated by New York's signature requirement for petitions for access to 1996 Republican presidential primary ballots—applies to a numerically identical signature requirement for access to congressional...

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