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NEW ALLIANCE PARTY v. N.Y. STATE BD. OF ELECTIONS

No. 90 Civ. 6226 (RJW).

861 F.Supp. 282 (1994)

NEW ALLIANCE PARTY, Lenora A. Fulani and Rafael Mendez, Plaintiffs, v. NEW YORK STATE BOARD OF ELECTIONS, Libertarian Party, Democratic Party, Republican Party, Conservative Party, Right to Life Party, and Liberal Party, Defendants.

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

August 30, 1994.

Attorney(s) appearing for the Case

Gary Sinawski, New York City, for plaintiffs.

G. Oliver Koppell, Atty. Gen., Judith T. Kramer, Joel Graber, Asst. Attys. Gen., Peter S. Kosinski, Sp. Counsel, NY State Bd. of Elections, New York City, for defendant NY State Bd. of Elections.

Mark N. Axinn, New York City, for defendant Libertarian Party.

Gerard E. Harper, Glenda G. Grace, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant Democratic Party.

Jeffrey T. Buley, Albany, NY, for defendant Republican Party.

ROBERT J. WARD, District Judge.

In this action challenging the constitutionality of N.Y.Elec.Law § 7-116 ("Section 116"), plaintiffs New Alliance Party ("NAP"), Lenora B. Fulani, and Rafael Mendez move for summary judgment, pursuant to Rule 56, Fed.R.Civ.P. Defendant New York State Board of Elections (the "State") cross-moves for an order, pursuant to Rule 12(b)(6), Fed. R.Civ.P., dismissing the complaint for failure to state a claim upon which relief can be...

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