MONSERRATE v. NEW YORK STATE SENATE

Docket No. 10-0604-cv.

599 F.3d 148 (2010)

Hiram MONSERRATE, individually and as an elected official and member of the New York State Senate, Celeste Rodriguez, individually and as duly registered and qualified voter in the New York State 13th Senatorial District, Michael A. Nardielo, III, individually and as duly registered and qualified voter in the New York State 13th Senatorial District, Monifa Afia Bey, individually and as duly registered and qualified voter in the New York State 13th Senatorial District, Nancy Torres, individually and as duly registered and qualified voter in the New York State 13th Senatorial District, Loretta Henderson, individually and as duly registered and qualified voter in the New York State 13th Senatorial District, and Malika K. Shabazz, individually and as duly registered and qualified voter in the New York State 13th Senatorial District, Plaintiffs-Appellants, v. NEW YORK STATE SENATE, Malcolm A. Smith, in his official capacity as Temporary President of the New York State Senate, Angelo J. Aponte, in his official capacity as Secretary of the New York State Senate, Thomas P. Dinapoli, in his official capacity as State Comptroller of the State of New York, Eric T. Schneiderman, in his official capacity as a Senator of the State of New York and Chair of the New York State Senate Select Committee to Investigate the Facts and Circumstances Surrounding the Conviction of Hiram Monserrate on October 15, 2009, David A. Paterson, in his official capacity as Governor of the State of New York, Richard Ravitch, in his official capacity as Lieutenant Governor of the State of New York, and Lorraine Cortes-Vazquez, in her official capacity as Secretary of State for the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 16, 2010.


Attorney(s) appearing for the Case

Norman Siegel, New York, NY, for Appellants.

Steven J. Hyman (Alan E. Sash and Rachel Nicotra, on the brief), McLaughlin & Stern, LLP, New York, NY, for Appellants.

Barbara D. Underwood, Solicitor General of the State of New York (Peter Karanjia, Special Counsel to the Solicitor General, and Sasha Samberg-Champion and Diana R.H. Winters, Assistant Solicitors General, on the brief), Office of Andrew M. Cuomo, Attorney General of the State of New York, for Appellees.

Before JACOBS, Chief Judge, LYNCH, Circuit Judge, and RESTANI, Judge.


DENNIS JACOBS, Chief Judge:

Hiram Monserrate, who has been expelled from the New York State Senate, along with six voters in New York's 13th Senatorial District who voted for Monserrate (the "Monserrate voters") (collectively, the "Monserrate Appellants"), pursue this expedited appeal from the denial of a preliminary injunction in the United States District Court for the Southern District of New York (Pauley, J.). The requested preliminary injunction sought primarily...

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