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KAUFMAN v. KAYE

No. 05-5215-cv.

466 F.3d 83 (2006)

MELVYN KAUFMAN, Plaintiff-Appellant, v. JUDITH S. KAYE, in her capacity as Chief Justice of the Court of Appeals for the State of New York, A. GAIL PRUDENTI, in her capacity as presiding Justice of the Appellate Division of the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 10, 2006.

Attorney(s) appearing for the Case

JONATHAN S. MASSEY (Stephen A. Saltzburg, Anthony Z. Roisman, Patrick J. Munson, Catherine A. Helwig, John M. Churneftsky, on the brief), National Legal Scholars Law Firm, for Plaintiff-Appellant.

BENJAMIN N. GUTMAN (Eliot Spitzer, Attorney General of the State of New York, Robert H. Easton, on the brief), for Defendants-Appellees.

Before: WINTER, CABRANES, and RAGGI, Circuit Judges.

WINTER, Circuit Judge.

Melvyn Kaufman appeals from Judge Trager's dismissal of his complaint, which brought an action under 42 U.S.C. § 1983. Kaufman alleges that the procedure for assigning appeals among panels of judges in New York's Second Department of the Appellate Division violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment because it permits court staff to assign cases to panels of judges on a non-transparent, discretionary...

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