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VAN WIE v. PATAKI

Docket No. 00-7379.

267 F.3d 109 (2001)

Wendy VAN WIE, Lloyd F. Wright, Plaintiffs-Appellants, v. George PATAKI, Governor of the State of New York; William Powers, Chairman, New York Republican State Committee; Judith Hope, Chairman of the N.Y.S. Democratic Committee; New York State Board of Elections; Neil W. Kelleher, Commissioner, New York State Board of Elections; Carol Berman, Commissioner, New York State Board of Elections; Evelyn J. Aquila; Helena Moses Donohue, Commissioner, New York State Board of Elections; Columbia County Board of Elections; Thomas Fisher, Commissioner of Columbia County Board of Elections; Joseph Finn, Commissioner of Columbia County Board of Elections; Dutchess County Board of Elections; William Paroli, Sr., Commissioner of Election or his successor; William J. Egan, Commissioner of Election, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided October 4, 2001.

Errata Filed: December 5, 2001.

Attorney(s) appearing for the Case

Madeline Sheila Galvin, Galvin & Morgan, Delmar, NY, for Plaintiffs-Appellants.

Julie Sheridan, Office of the Attorney General of the State of New York, Albany, New York, (Eliot Spitzer, Attorney General of the State of New York, Denise A. Hartman, Assistant Solicitor General, Daniel Smirlock, Deputy Solicitor General, Peter H. Schiff, Senior Counsel, on the brief), for Defendant-Appellee George Pataki.

Richard L. Burstein, Fernandez, Burstein & Tuczinski, Albany, New York, filed a brief for Defendants-Appellees Columbia County Board of Elections, Thomas Fisher, and Joseph Finn.

Before WALKER, Chief Judge; PARKER and KATZMANN, Circuit Judges.

PARKER, Circuit Judge:

Wendy Van Wie and Lloyd F. Wright appeal from a judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge), entered March 1, 2000, dismissing their complaint brought pursuant to 42 U.S.C. § 1983. See Van Wie v. Pataki, 87 F.Supp.2d 148 (N.D.N.Y.2000). The appellants, both registered voters who are not enrolled in a political party, sought...

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