NEW YORK STATE NAT. ORG. FOR WOMEN v. PATAKI

Docket Nos. 98-9040 (L), 98-9069(XAP), 99-9409(CON), 99-9430(XAP).

261 F.3d 156 (2001)

NEW YORK STATE NATIONAL ORGANIZATION FOR WOMEN, New York City Chapter of the National Organization for Women, Westchester County Chapter of the National Organization for Women, on behalf of themselves, their members, and all others similarly situated, and Clarice Seegars, Bernadette Thomas, Dellie Britt, and Jane Doe, as Administratrix, on behalf of themselves, and all others similarly situated, Plaintiffs-Intervenors-Appellees-Cross-Appellants, v. George W. PATAKI, individually and as Governor of the State of New York, Mario Cuomo, Edward Mercado, individually and as Commissioner of the Division of Human Rights of the Executive Department of New York State, and Margarita Rosa, Defendants-Appellants-Cross-Appellees.

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

Decided: July 23, 2001.


Attorney(s) appearing for the Case

DAVID RAFF, Robert L. Becker, Raff & Becker, LLP, New York, NY, for Plaintiffs-Appellees-Cross-Appellants New York State National Organization for Women, New York City Chapter of NOW, Westchester County Chapter of NOW.

EDWIN J. LOPEZ, Greater Upstate Law Project, Rochester, NY, for Plaintiffs-Intervenors-Appellees-Cross-Appellants Clarice Seegars, Bernadette Thomas, and Jane Doe.

GERALD J. DUNBAR, Brooklyn, NY, for Plaintiff-Intervenor-Appellee-Cross-Appellant Dellie Britt.

ELIOT SPITZER, Attorney General of the State of New York, (Preeta D. Bansal, Solicitor General, Robert A. Forte, Deputy Solicitor General, and Adam L. Aronson, Assistant Solicitor General, of counsel), New York, NY, for Defendants-Appellants-Cross-Appellees.

ELAINE R. JONES, NORMAN J. CHACHKIN, CHARLES STEPHEN RALSTON (NAACP Legal Defense and Educational Fund, Inc.) New York, NY; MARGARET FUNG, KENNETH KIMERLING (Asian American Legal Defense & Educational Fund), New York, NY; NANCY CHANG (Center for Constitutional Rights) New York, NY; HERBERT EISENBERG (Davis & Eisenberg), New York, NY; YOLANDA WU (NOW Legal Defense and Education Fund) New York, NY; JUAN FIGUEROA (Puerto Rican Legal Defense and Educational Fund) New York, NY, for Amici Curiae on behalf of Plaintiffs-Intervenors-Appellees-Cross-Appellants.

Before: WALKER, Chief Judge, MESKILL and CALABRESI, Circuit Judges.


Judge MESKILL joins the opinion and writes a separate concurrence with respect to Part I(B).

Judge CALABRESI joins the opinion except for Part I(B) and writes separately to explain his reasons.

JOHN M. WALKER, JR., Chief Judge:

The present appeal arises from a 42 U.S.C. § 1983 class action brought by the New York State, New York City, and Westchester County chapters of the National Organization for Women (collectively "NOW"), and four individual...

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