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VANWIE v. PATAKI

No. 00-CV-322.

87 F.Supp.2d 148 (2000)

Wendy VANWIE and Lloyd F. Wright, Plaintiffs, v. George PATAKI, Governor of the State of New York; William Powers, Chairman, New York Republican State Committee; Judith Hope, Chairman of the NYS Democratic Committee; New York State Board of Elections; Neil W. Kelleher, Commissioner, New York State Board of Elections; Carol Berman, Commissioner, New York State Board of Elections; Evelyn J. Aquila; Helena Moses Donohue, Commissioner, New York State Board of Elections; Columbia County Board of Elections; Thomas Fisher, Commissioner of Columbia County Board of Elections; Joseph Finn, Commissioner of Columbia County Board of Elections; Dutchess County Board of Elections; William Paroli, Sr., Commissioner of Election or his successor; and William J. Egan, Commissioner of Election, Defendants. State Committee of the Independence Party of New York State, Jack R. Essenberg, Chairman, and Individually, Amicus Curie.

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

February 29, 2000.

Attorney(s) appearing for the Case

Galvin and Morgan, Delmar, NY (James E. Morgan, Madeline Sheila Galvin, of counsel), for plaintiffs.

Eliot Spitzer, Attorney General of the State of New York, Department of Law, Utica, NY (Joel L. Marmelstein, Asst. Attorney General, G. Lawrence Dillon, Asst. Attorney General, of counsel), for defendant, Governor George Pataki.

Pirro, Buley & Associates, Albany, NY (Jeffrey T. Buley, of counsel), for defendants, William Powers and Republican State Committee.

Fisher, Fisher & Berger, New York City (Stanley Kalmon Schlein, of counsel), for defendants, Judith Hope and NYS Democratic Committee.

Todd D. Valentine, Albany, NY for defendants, New York State Board of Elections and Dutchess County Board of Elections.

Fernandez, Burstein & Tuczinski, P.C., Albany, NY (Richard L. Burstein, of counsel), for defendant, Columbia County Board of Elections.

Thomas J. Spargo, East Berne, NY, for Amicus Curie, Independence Party.

I. INTRODUCTION

HURD, District Judge.

Plaintiffs Wendy VanWie and Lloyd F. Wright ("VanWie" and "Wright" individually, and "plaintiffs" collectively) filed the instant action on February 22, 2000, alleging that they, as registered nonenrolled voters, were discriminated against by defendants' interpretation and application of New York Election Law §§ 5-210 and 5-304. An Order was issued on February 24, 2000, directing defendants to show cause why...

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