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WIT v. BERMAN

Docket No. 00-9482.

306 F.3d 1256 (2002)

Harold M. WIT and Donald C. Ebel, Plaintiffs-Appellants, v. Carol BERMAN, Chairperson of the New York State Board of Elections, Weyman A. Carey, President of the New York City Board of Elections, Rosanna Rahmouni, Chief Clerk of the Manhattan Borough Office of the New York City Board of Elections, and Eliot Spitzer, Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 11, 2002.

Attorney(s) appearing for the Case

Richard A. Briffault, Columbia Law School, New York, N.Y. (Michael B. Gerrard, Craig A. Stewart, Emma K. Lewis, Kerry A. Dziubek, Arnold & Porter, New York, NY, of counsel; Gerald E. Frug, Harvard Law School, Cambridge, MA, of counsel), for Plaintiffs-Appellants.

Melanie L. Oxhorn, New York State Office of the Attorney General, New York, NY, Todd D. Valentine, New York State Board of Elections, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, New York, NY, of counsel; Michael D. Hess, Corporation Counsel, City of New York, New York, NY, of counsel), for Defendants-Appellees.

Patricia C. Kakalec (Daniel Werner, of counsel), Farmworker Legal Services of New York, Inc., New Paltz, NY, for Amicus Curiae Farmworker Legal Services of New York, Inc.

Before MESKILL, WINTER, and STRAUB, Circuit Judges.

WINTER, Circuit Judge.

Harold M. Wit and Donald C. Ebel appeal from the dismissal of their complaint by Judge Hellerstein for failure to state a claim. See Fed.R.Civ.P. 12(b)(6). The complaint alleged a violation of appellants' rights to equal protection of the laws under the federal and state constitutions. We affirm, holding that the New York State Election Law ("Election Law") does not impermissibly deny citizens who have homes in multiple communities the...

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