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SPARGO v. NEW YORK STATE COM'N ON JUDICIAL CONDUCT

No. 1:02-CV-1320.

244 F.Supp.2d 72 (2003)

Thomas J. SPARGO, Jane McNally, and Peter Kermani, Plaintiffs, v. NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT, Gerald Stern, individually and as Administrator of the State Commission on Judicial Conduct, and Henry T. Berger, individually and as Chairperson of the New York State Commission on Judicial Conduct, Defendants.

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

February 20, 2003.

Attorney(s) appearing for the Case

DeGraff Foy Holt-Harris & Kunz, LLP, Albany, NY (David F. Kunz, of counsel), for Plaintiffs.

Eliot Spitzer, Attorney General for the State of New York, Syracuse, NY (Patrick Macrae, Esq., Senta Suida, Esq., Ass't Attorneys General, of counsel), for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. THE PARTIES

Plaintiff Thomas J. Spargo ("Spargo") is currently a Supreme Court Justice for the Third Judicial District of the State of New York. He was an attorney in private practice specializing in election law before his foray into elective politics. In the fall of 1999 Spargo campaigned for election to the position of Town Justice for the Town of Berne, in Albany...

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