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MARTIN v. GANTNER

No. 05-CV-2157 (ILG).

443 F.Supp.2d 367 (2006)

Clemens W. MARTIN, Plaintiff, v. Mary Ann GANTNER, District Director, United States Citizenship & Immigration Services, Defendant.

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

August 4, 2006.

Attorney(s) appearing for the Case

Thomas Edward Moseley, Fragomen, Del Rey, Bernsen & Loewy, P.C., Newark, NJ, for Plaintiff.

Elliot M. Schachner, AUSA, United States Attorneys Office, Brooklyn, NY, for Defendant.

MEMORANDUM AND ORDER

GLASSER, District Judge.

INTRODUCTION

Mr. Clemens W. Martin ("Martin" or "Plaintiff') appeals an adverse determination of his naturalization application by the United States Citizenship and Immigration Services ("CIS," "Defendant" or "Government"). Defendant moves to dismiss, contending that a prior conviction under N.Y. Penal Law § 175.10 for "falsifying business records in the first degree" makes Plaintiff...

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