SCHOENEFELD v. NEW YORK

Docket No. 11-4283-cv.

748 F.3d 464 (2014)

Ekaterina SCHOENEFELD, Plaintiff-Appellee, v. State of NEW YORK, New York Supreme Court, Appellate Division, Third Judicial Department, Committee on Professional Standards of New York Supreme Court, Appellate Division, Third Judicial Department and its Members, Defendants, Eric T. Schneiderman, In His Official Capacity as Attorney General for the State of New York, All Justices of New York Supreme Court, Appellate Division, Third Judicial Department, Robert D. Mayberger, in his Official Capacity as Clerk of New York Supreme Court, Appellate Division, Third Judicial Department, Monica Duffy, Chairman of the Committee on Professional Standards "cops" other Thomas C. Emerson, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 8, 2014.


Attorney(s) appearing for the Case

Ekaterina Schoenefeld, Esq. , Princeton, NJ, for Plaintiff-Appellee.

Laura Etlinger , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief) for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants-Appellants.

Before: RAGGI, HALL and CARNEY, Circuit Judges.


HALL, Circuit Judge:

Defendants-Appellants appeal from the September 7, 2011 judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, J.) granting Plaintiff-Appellee's cross-motion for summary judgment and declaring New York Judiciary Law § 470 ("Section 470") unconstitutional as violative of the Privileges and Immunities Clause of Article IV, section 2 of the Constitution. Specifically, the district court held that...

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