# Board of Elections of City of New York v. Lomenzo

> District Court, S.D. New York · August 8, 1973 · 365 F. Supp. 50

URL: https://www.frixlaw.com/law-library/cases/9624904

## Case

- **Full name:** The BOARD OF ELECTIONS OF the CITY OF NEW YORK Et Al., Plaintiffs, v. John P. LOMENZO, Secretary of State of the State of New York, Defendant
- **Court:** District Court, S.D. New York
- **Decided:** August 8, 1973
- **Citations:** 365 F. Supp. 50; 1973 U.S. Dist. LEXIS 12363
- **Precedential status:** Published
- **Opinion:** Concurrence by Mulligan
- **Judges:** Mulligan, Tenney, Pollack
- **Cited by:** 3 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/9624904

## Opinion text

MULLIGAN, Circuit Judge
(concurring) :
As the majority opinion points out, this alleged case not only lacks justiciability but is not at all appropriate for a three-judge court. Counsel seeks no injunctive relief because the City Board of Elections, which is charged with enforcing the challenged statute, is a plaintiff instead of a defendant and, in any event, has since been replaced by a different board with different commissioners. There is no adversary status here and • there is no real controversy. My only reason for a separate concurrence is that I cannot agree that the volunteer registrars and the registration organizations have any standing to urge even the establishment and infringement of franchise claims. I do not think that Bishop v. Lomenzo, 350 F.Supp. 576 (E.D.N.Y. 1972) which purports to distinguish Sierra Club v. Morton, 405 U.S. 727 , 92 S.Ct. 1361 , 31 L.Ed.2d 636 (1972) can survive the holding of Aguayo v. Richardson, 473 F.2d 1090, 1099-1100 (2d Cir. 1973) where Judge Friendly indicated that some members of the interested organization must be at least potentially affected by the offending statute. There is no showing here that the voluntary registrars or the members of the organizations have been in any way affected actually or potentially by the statute. On the contrary, it is reasonable to suppose that all are fully and freely registered to vote.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9624904. Public record. Not legal advice.