INDEPENDENCE PARTY OF RICHMOND COUNTY v. GRAHAM

Docket No. 04-4859-CV.

413 F.3d 252 (2005)

INDEPENDENCE PARTY OF RICHMOND COUNTY, State Committee of the Independence Party of New York, Steven K. Isler, Frank Morano, Sarah Lyons, Frank M. Mackay, Bernadette Stannard, Susan Lopresti, and Kathleen Ellis, Plaintiffs-Appellees, v. Nero GRAHAM, Jr., Frederick M. Umane, Weyman A. Carey, Michael J. Cilmi, Mark B. Herman, Douglas A. Kellner, Terrence C. O'Connor, Joseph J. Savino, Nancy Mottola-Schacher, and Stephen H. Weiner, Commissioners of Elections, Constituting the Board of Elections in the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 27, 2005.


Attorney(s) appearing for the Case

Gary Sinawski, New York, N.Y., for Plaintiffs-Appellees.

Julie Steiner, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y. (Barry P. Schwartz, of counsel), for Defendants-Appellants.

Before: MINER, and CALABRESI, Circuit Judges, and KEENAN, District Judge.


CALABRESI, Circuit Judge.

I. Introduction

This is an interlocutory appeal from the grant of a preliminary injunction entered against Defendants-Appellants Nero Graham, Jr., Frederick M. Umane, Weyman A. Carey, Michael J. Cilmi, Mark B. Herman, Douglas A. Kellner, Terrence C. O'Connor, Joseph J. Savino, Nancy Mottola-Schacher, and Stephen H. Weiner (collectively, "the Board of Elections," or, "the Board"). The injunction required the Board of Elections to...

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