# Gelb v. Board of Elections

> Court of Appeals for the Second Circuit · April 4, 2001 · 7 F. App'x 97

URL: https://www.frixlaw.com/law-library/cases/7028754

## Case

- **Full name:** Irving A. GELB v. The BOARD OF ELECTIONS OF THE CITY OF NEW YORK, Weyman A. Carey, Commissioner, Michael J. Cilmi, Commissioner, Michael L. Cohen, Commissioner, Ronald J. D'Angelo, Commissioner, Douglas A. Kellner, Commissioner, Crystal N. Paris, Commissioner, Gertrude Strohm, Commissioner, Frederic M. Umane, Commissioner, Vincent J. Velella, Commissioner, Stephen H. Weiner, Commissioner, Daniel DeFrancesco, Executive Director, Margaret Ognibene, Deputy Executive Director, Jon R. Del Giorno, Administrative Manager
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** April 4, 2001
- **Citations:** 7 F. App'x 97
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Buchwald, Miner, Walker
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7028754

## Opinion text

SUMMARY ORDER
UPON'DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is VACATED, and the matter is REMANDED.
In light of the defendants’ concession in the New York Court of Appeals that the question certified in our opinion filed August 22, 2000, 224 F.3d 149 (2d Cir.2000), should be answered in the affirmative and of the consequent rejection of the certified question by that court, the summary judgment entered in the district court is vacated, and the case is remanded for such further proceedings as the district court may deem necessary to determine whether the defendants engaged in “ ‘intentional or purposeful discrimination.’ ” Gold v. Feinberg, 101 F.3d 796, 800 (2d Cir.1996) (quoting Powell v. Power, 436 F.2d 84, 88 (2d Cir.1970)).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7028754. Public record. Not legal advice.