DISABLED IN ACTION OF METRO. NEW YORK v. HAMMONS

Docket No. 98-9536

202 F.3d 110 (2000)

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

United States Court of Appeals, Second Circuit.

Decided: January 26, 2000.


Attorney(s) appearing for the Case

Juan Cartagena, Community Service Society of New York, New York, NY, for Plaintiffs-Appellants Disabled in Action of Metropolitan New York, Jovita Acosta and Tisheca Luckey.

Jennifer Levin, United States Department of Justice, Civil Rights Division, Washington, DC (Bill Lann Lee, Acting Assistant Attorney General, Zachary W. Carter, United States Attorney for the Eastern District of New York, Sanford M. Cohen, Marla Tepper, of counsel; Mark L. Gross, on the brief), for Plaintiff-Appellant United States of America.

Vincent Leong, Assistant Attorney General of the State of New York (Eliot Spitzer, Attorney General of the State of New York, of counsel; Michael S. Belohlavek, on the brief), for State Defendants-Appellees.

Dona B. Morris, Assistant Corporation Counsel of the City of New York (Michael D. Hess, Corporation Counsel of the City of New York, of counsel; Francis F. Caputo, Paul Marks, on the brief), for Defendant-Appellee Marva L. Hammons.

Before: KEARSE, McLAUGHLIN, and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge:

Plaintiffs Disabled In Action of Metropolitan New York, Jovita Acosta, Tisheca Luckey and the United States appeal from judgments dated October 21, 1998 and February 23, 1999 (Frederic Block, J.) denying their motions for partial summary judgment and granting defendants' motion for partial summary judgment. Plaintiffs argued that defendants violated the National Voter Registration Act, 42 U.S.C. § 1973gg et seq., by failing...

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