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De Kosenko v. the

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: May 14, 1970.

MARIA DE KOSENKO, INDIVIDUALLY, AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFF-APPELLANT,
v.
THE STATE OF NEW YORK AND STATE ADMINISTRATOR OF THE ADMINISTRATIVE BOARD OF THE JUDICIAL CONFERENCE OF THE STATE OF NEW YORK, DEFENDANTS-APPELLEES

Lumbard, Chief Judge, Waterman, Circuit Judge, and Jameson, District Judge.*fn*

Author: Per Curiam

Alleging that she has a cause of action pending in the Supreme Court of the State of New York, County of New York, in which she has demanded a jury trial, and a delay of 29 months in the general jury calendar, plaintiff seeks a judgment declaring that the "current court calendar situation * * * is depriving plaintiff of due process of law, equal protection of the law and punishing her for exercising her right to demand a jury trial,*fn1 all in violation of her rights" under the Seventh and Fourteenth Amendments to the United States Constitution, and an order directing the defendants "to so correct the situation as to not deprive plaintiff of such rights."*fn2

In the opinion below, 311 F. Supp. 126 (S.D.N.Y.1969), Judge Croake held that the case does not present a substantial federal question; that appellant has failed to join indispensable parties; and that there is no constitutional or statutory basis for action by the federal courts. Appellant's motion for convening a three-judge court was denied, and the complaint was dismissed. We affirm.


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