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BEATTY v. ESPOSITO

March 25, 1976

VANDER L. BEATTY and SAMUEL D. WRIGHT, Plaintiffs,
v.
AMADEO ESPOSITO, as Chairman of the Executive Committee of the Democratic County Committee of Kings County, HOWARD GOLDEN, as County Chairman of the Democratic County Committee of Kings County and THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, Defendants



The opinion of the court was delivered by: PLATT

MEMORANDUM

 PLATT, D.J.

 Defendants have moved to dismiss this action on the ground that this Court lacks jurisdiction over the subject matter thereof because:

 
"a) it appears on the face of the complaint that the alleged claim does not arise under Title 42, Sections 1971, 1973(c) and 1973(k) of the United States Code;
 
"b) the complaint fails to show the existence of an actual justiciable controversy or to raise a substantial federal question of the nature required by Article III of the United States Constitution;
 
"c) the allegations in the complaint fall within the exclusive primary jurisdiction of the BOARD OF ELECTIONS IN THE CITY OF NEW YORK;
 
"d) the complaint fails to allege a violation of state or federal statute, regulation or practice or to challenge the constitutionality of any such statute, regulation or practice;
 
"e) the complaint fails to allege or demonstrate any state action;"

 and on the further ground that the complaint fails to state a claim upon which relief can be granted because:

 
"a) the plaintiffs have no standing to institute this action;
 
"b) defendants are not the proper parties to this action;
 
"c) the relief prayed for is inappropriate to the facts and circumstances alleged in the complaint;
 
"d) the judgment (or order) prayed for does not lie in this action;
 
"e) the alleged controversy between the parties is, on the face of the complaint, not one within Title 28, Section 2201, Title 42, Sections 1971, 1983 of the United States Code or of any other Act of ...

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