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McGEE v. BOARD OF ELECTIONS OF CITY OF NEW YORK

No. 87 Civ. 5608 (EW).

666 F.Supp. 609 (1987)

Hansel L. McGEE, Robert A. Mack, Kenneth W. Drummond, Wilbert T. Lawton, and Aida N. Rodriguez, Plaintiffs, v. BOARD OF ELECTIONS OF the CITY OF NEW YORK and the State of New York, Defendants, and Jeffrey R. Korman and Lee J. Holzman Defendant-Intervenors.

United States District Court, S.D. New York.

August 13, 1987.

Attorney(s) appearing for the Case

Kellner, Chehebar & Deveney, New York City, for plaintiffs; Douglas A. Kellner, John Patrick Deveney, of counsel.

Peter L. Zimroth, Corp. Counsel for the City of New York, New York City, for defendant Bd. of Elections of the City of New York; Anne Carson, of counsel.

Robert J. Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant State of N.Y.; Tarquin Jay Bromley, of counsel.

Dubliner, Haydon, Straci & Victor, New York City, for defendant-intervenors; Paul A. Victor, of counsel.

EDWARD WEINFELD, District Judge.

This action was instituted by plaintiff Hansel L. McGee ("McGee"), and several others, seeking an order directing that the Board of Elections of the City of New York place McGee's name on the ballot in the Democratic party primary election to be held on September 15, for the position of Surrogate in the Bronx. That position became vacant on July 2, 1987,1 when the New York State Court of Appeals removed...

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