Credico et al v. New York State Board of Elections et al

Defendant: Evelyn J. Aquila, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson and James A. Walsh
Plaintiff: Mark Axinn, Richard Corey, Randy Credico and Andrew J. Miller
 
Case Number: 1:2010cv04555
Filed: October 6, 2010
 
Court: New York Eastern District Court
Office: Brooklyn Office
Presiding Judge: Raymond J. Dearie
Referring Judge: Cheryl L. Pollak
 
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 25, 2010 12 Featured Case MEMORANDUM & ORDER: I conclude that under the circumstances, the burdens imposed on plaintiffs' important First Amendment and Fourteenth Amendment rights of political affiliation outweigh New York's asserted interest in enforcing § 7.1 04.4(e). Accordingly, I grant plaintiffs' motion for preliminary injunction. The Commissioners are hereby enjoined from enforcing New York Election Law § 7.104.4(e), and I direct them to certify the ballot in the November 2, 2010 general election so that Randy Credico's name is placed on the ballot lines for both the Libertarian Party and the APP. Ordered by Chief Judge Raymond J. Dearie on 10/25/2010. (Chee, Alvin)
October 27, 2010 17 Featured Case MEMORANDUM & ORDER: I hereby vacate my order to the extent that it enjoined defendants from enforcing New York Election Law § 7.104.4(e), and directed them to place Credico's name on the ballot lines for both the Libertarian Party and the APP. Vacation of my order is without prejudice to this case going forward on plaintiffs' claim that § 7.104.4(e) is unconstitutional. Ordered by Chief Judge Raymond J. Dearie on 10/27/2010. (Chee, Alvin)
October 28, 2010 19 Featured Case AMENDED MEMORANDUM & ORDER: I conclude that, under the circumstances, plaintiffs have demonstrated a clear or substantial likelihood of establishing that the burdens imposed on their important First Amendment and Fourteenth Amendment rights of politi cal affiliation outweigh New York's asserted interest in enforcing § 7.104.4(e). Accordingly, I grant plaintiffs' motion for preliminary injunction. The Commissioners are hereby enjoined from enforcing New York Election Law § 7. 104.4(e), and I direct them to certify the ballot in the November 2, 2010 general election so that Randy Credico's name is placed on the ballot lines for both the Libertarian Party and the APP. Ordered by Chief Judge Raymond J. Dearie on 10/28/2010. (Chee, Alvin)
August 5, 2013 94 Featured Case ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation of Magistrate Judge Pollak, dated 6/19/13, is adopted without qualification. The Clerk will enter judgment accordingly. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 8/2/2013. (Chee, Alvin)
August 7, 2013 95 Featured Case MEMORANDUM & ORDER: In accordance with the August 2, 2013 Order of this Court and the June 19, 2013 Report and Recommendation of Magistrate Judge Pollak, injunctive and declaratory relief is granted to plaintiff Libertarian Party of New York. Def endants are enjoined from implementing N.Y. Elec. L. § 7-1 04(4)( e) to the extent that it would prevent candidates who have been nominated only by more than one independent body from appearing on the ballot row or column of each such independen t body, where (a) the independent body has been assigned a ballot row or column and (b) omitting the candidate from that ballot row or column would result in a blank space on the ballot. Ordered by Judge Raymond J. Dearie on 8/6/2013. (Chee, Alvin)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Search for this case: Credico et al v. New York State Board of Elections et al
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Evelyn J. Aquila
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Douglas A. Kellner
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York State Board of Elections
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Gregory P. Peterson
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: James A. Walsh
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Mark Axinn
Represented By: Gary L. Donoyan
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Richard Corey
Represented By: Gary L. Donoyan
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Randy Credico
Represented By: Gary L. Donoyan
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Andrew J. Miller
Represented By: Gary L. Donoyan
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]