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N.Y.C. ENVIRONMENTAL JUSTICE ALLIANCE v. GIULIANI

Docket No. 99-7713

214 F.3d 65 (2000)

NEW YORK CITY ENVIRONMENTAL JUSTICE ALLIANCE, More Gardens! Coalition, New York City Community Garden Coalition, Cherry Tree Garden, Rafael Bueno, Alice Morris, Elizabeth Butler, Richard Smith, and Carmen Pabon, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Rudolph W. GIULIANI, Mayor of the City of New York, William J. Diamond, Commissioner of Citywide Administrative Services, and The City Of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 13, 1999

Opinion: May 31, 2000

Attorney(s) appearing for the Case

Foster S. Maer, Puerto Rican Legal Defense & Education Fund, Inc., New York, N.Y. (Sara E. Rios, Christopher J. Arias-Piranio, Puerto Rican Legal Defense & Education Fund, New York, NY, Julie H. Hurwitz, Quita A. Sullivan, N.L.G. Sugar Law Center for Economic and Social Services, Detroit, MI, Alan Levine, New York, NY, of counsel, on the brief), for Plaintiffs-Appellants.

Susan E. Amron, Assistant Corporation Counsel of the City of New York, New York, N.Y. (Michael D. Hess, Corporation Counsel of the City of New York, Pamela Seider Dolgow, Christopher Reo, Christopher King, John Hogrogian, Assistant Corporation Counsel of the City of New York, New York, NY, of counsel, on the brief), for Defendants-Appellees.

Before: WALKER, LEVAL, and SACK, Circuit Judges.

SACK, Circuit Judge:

On June 4, 1999, the United States District Court for the Southern District of New York (Allen G. Schwartz, District Judge) issued an interlocutory order denying the plaintiffs' motion for a preliminary injunction. See New York City Environmental Justice Alliance v. Giuliani, 50 F.Supp.2d 250 (S.D.N.Y.1999) ("NYCEJA"). We affirm the order,...

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