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VAN ALLEN v. CUOMO

Docket No. 07-3118-cv.

621 F.3d 244 (2010)

H. William VAN ALLEN, Plaintiff-Appellant, v. Andrew CUOMO, in his official capacity as Attorney General of the State of New York, The New York State Board of Elections, Neil W. Kelleher, Commissioner of New York State Board of Elections, Douglas Kellner, Commissioner of New York State Board of Elections, Evelyn J. Aquila, Commissioner of New York State Board of Elections, Helena Moses Donohue, Commissioner of New York State Board of Elections, Defendants-Appellees, The Ulster County Board of Elections, John Parete, as Commissioner of Elections of Ulster County, Thomas F. Turco, as Commissioner of Elections of Ulster County, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2010.

Attorney(s) appearing for the Case

H. William Van Allen , pro se, Hurly, NY, for Plaintiff-Appellant.

Denise A. Hartman , Assistant Solicitor General ( Andrew Cuomo , Attorney General of the State of New York; Barbara D. Underwood , Solicitor General; Peter H. Schiff , Senior Counsel, on the brief), Albany, NY, for Defendants-Appellees.

Before McLAUGHLIN, CALABRESI, and LIVINGSTON, Circuit Judges.

PER CURIAM:

Plaintiff H. William Van Allen, pro se, appeals from a July 19, 2007 order of the United States District Court for the Northern District of New York (Sharpe, J.), denying his application for a temporary restraining order and dismissing his complaint challenging various provisions of New York's Election Law.

Pursuant to the delayed enrollment or "lockbox" provision of New York Election Law, a registered voter desiring to change his...

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