CASE SUMMARY
On March 26, 2024, six plaintiffs filed a complaint against the town of Newburgh, N.Y., for utilizing an at-large voting system that allegedly violated the newly enacted John R. Lewis Voting Rights Act of New York ("NYVRA"). The Town of Newburgh answered the complaint on May 28, 2024. In the answer defendants claimed the NYVRA violated the Fourteenth Amendment of the United States Constitution and Article I, Section 11 of the New York Constitution.
On November 7, 2024, Justice Maria Vasquez-Doles issued a decision ruling the NYVRA failed to satisfy strict scrutiny and, thus, violated the Equal Protection Clause of the Fourteenth Amendment. She ordered it "stricken in its entirety from further enforcement and application to [the Town of Newburgh] and to any other political subdivision in the State of New York."
Plaintiffs filed a notice of appeal on November 11, 2024, and the Attorney General of New York quickly moved to intervene as a matter of right.
The Second Judicial Department issued dual opinions on January 30, 2025, affirming the Supreme Court's decision of May 17, 2024, denying defendants' motion to dismiss and reversing the Supreme Court's decision of November 7, 2024, striking the NYVRA. The cases were remanded to the Supreme Court for further proceedings.
On remand the parties moved to trial, but, after opening arguments from plaintiffs, the presiding judge recused. Her recusal set off a series of recusals from several other judges before the case was ultimately transferred out of Orange County to neighboring Westchester County. Shortly after the Westchester County Judge issued her first ruling the Appellate Division, Second Judicial Department stayed all proceedings and certified defendants' appeal to the New York Court of Appeals.
The New York Court of Appeals is set to hear arguments during its October session.
CASE LIBRARY
Supreme Court of the State of New York, County of Orange (Index No. EF002460-2024)
- Summons and Complaint and Exhibits A & B - 3/26/24
- Notice of Motion to Dismiss - 4/16/24
- Memorandum of Law in Support of Defendants [...] Motion to Dismiss the Complaint - 4/16/24
- Affirmation of Bennet J. Moskowitz and Exhibit 1 - 4/16/24
- Affirmation of Bennet J. Moskowitz - 4/22/24
- Affirmation of Mary "Molly" S. Dirago and Exhibit A - 4/22/24
- Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Complaint - 4/25/24
- Affirmation in Opposition to Motion to Dismiss and Exhibits A & B - 4/25/24
- Affirmation in Support of Motion of the Attorney General to Participate as Amicus Curiae and Exhibit A - 4/30/24
- Memorandum of Law in Support of Motion of the Attorney General to Participate as Amicus Curiae - 4/30/24
- Reply in Support of Defendants [...] Motion to Dismiss the Complaint - 5/1/24
- Order to Show Cause - 5/2/24
- Preliminary Conference Stipulation - 5/10/24
- Letter to the Court from Defendants - 5/15/24
- Decision & Order - 5/17/24
- Notice of Entry - 5/17/24
- Notice of Appeal - 5/24/24
- Verified Answer and Affirmative Defenses of Defendants [...] - 5/28/24
- Notice of Constitutional Question - 5/29/24
- Order to Show Cause - 6/17/24
- Stipulation and Order for the Production and Exchange of Confidential Information - 8/6/24
- Letter to the Court from Plaintiffs - 8/26/24
- Court Notice - 8/29/24
- Pretrial Requirements - 9/3/24
- Stipulation and Order for the Production and Exchange of Confidential Information - 9/9/24
- Letter to the Court from Plaintiffs - 9/13/24
- Order - 9/13/24
- Letter to the Court from Plaintiffs - 9/19/24
- Order - 9/24/24
- Notice of Summary Judgment Motion - 9/25/24
- Affirmation of Gilbert Piaquadio - 9/25/24
- Affirmation of Bennet J. Moskowitz - 9/25/24
- Defendants' Memorandum of Law in Support of Motion for Summary Judgment - 9/25/24
- Letter to the Court from Plaintiffs - 10/3/24
- Statement of Material Facts as to Which There Are No Genuine Issues to be Tried - 10/10/24
- Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment - 10/10/24
- Affirmation of Ruth Greenwood - 10/10/24
- Affirmation of Michael A. Fernandez in Support of Order to Show Cause [...] - 10/11/24
- Affirmation of Julia A. Gomez in Support of Order to Show Cause [...] - 10/11/24
- Memorandum of Law [...] for Leave to Participate as Amici Curiae - 10/11/24
- Order to Show Cause and Exhibit A - 10/11/24
- Notice of Motion - 10/16/24
- Affirmation of Bennet J. Moskowitz - 10/16/24
- Defendants [...] Memorandum of Law in Support of Their Motion In Limine to Exclude the Purported "Addendum" of Dr. Matt A. Barreto - 10/16/24
- Decision & Order - 10/17/24
- Defendants' Responses To Plaintiffs' Statement of Material Facts As To Which There Are No Genuine Issues To Be Tried - 10/17/24
- Reply in Support of Defendants' Motion for Summary Judgment - 10/17/24
- Affirmation of Bennet J. Moskowitz - 10/17/24
- Court Notice - 10/22/24
- Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion In Limine - 10/24/24
- Affirmation of Ruth Greenwood - 10/24/24
- Letter to the Court from Plaintiffs - 10/25/24
- Defendants' Reply in Support of Their Motion In Limine to Exclude the Purported "Addendum" of Dr. Matt A. Barreto - 10/25/24
- Decision & Order - 10/25/24
- Notice of Entry - 10/28/24
- Letter to the Court from Defendants - 11/1/24
- Letter to the Court from Plaintiffs - 11/1/24
- Order - 11/1/24
- Letter to the Court from Defendants - 11/1/24
- Decision & Order - 11/7/24
- Notice of Entry - 11/8/24
- Letter from Plaintiffs' Attorneys Seeking Clarification - 11/8/24
- Letter from the Attorney General of New York Seeking Clarification - 11/8/24
- Notice of Appeal - 11/11/24
- Court Notice - 11/18/24
- New York Attorney General's Notification of Intervention as a Matter of Right - 11/19/24
- Notice of Entry - 1/30/25
- Notice of Entry - 1/30/25
- Letter from Plaintiffs' Attorneys Requesting Scheduling Conference - 1/30/25
- Court Notice - 1/31/25
- Letter from Defendants' Attorneys in Opposition to Scheduling Conference - 2/3/25
- Certified Copy of Opinion & Order (2024-04378) Dated January 30, 2025 - 2/4/25
- Certified Copy of Opinion & Order (2024-11753) Dated January 30, 2025 - 2/4/25
- Letter from Plaintiffs' Attorneys Requesting Transfer - 4/7/25
- Letter from Defendants' Attorneys Opposing Request for Transfer - 4/7/25
- Letter from Plaintiffs' Attorneys to District Administrative Judge Requesting Transfer - 4/11/25
- Letter from Defendants' Attorneys to District Administrative Judge Opposing Transfer - 4/14/25
- Response from District Administrative Judge - 4/16/25
- Court Notice Scheduling Trial - 4/17/25
- Pre-Trial Order - 4/17/25
- Letter from Plaintiffs' Attorneys - 4/28/25
- Letter from Defendants' Attorneys - 4/28/25
- Notice of Motion In Limine - 5/5/25
- Affirmation in Support of Motion In Limine to Preclude Expert Testimony & Exhibit - 5/5/25
- Letter from Defendants' Attorneys - 5/6/25
- Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion In Limine - 5/7/25
- Letter from Defendants' Attorneys to the Appellate Division, Second Department - 5/8/25
- Decision & Order - 5/9/25
- Order - 5/12/25
- Decision & Order - 5/12/25
- Decision & Order Recusing Judge - 5/12/25
- Reason for Recusal - 5/13/25
- Letter from Plaintiffs' Attorneys Requesting Assignment of New Judge - 5/13/25
- Letter from Defendants' Attorneys Opposing Request to Assign New Judge - 5/13/25
- Recusal Order - 5/13/25
- Transfer Order - 5/13/25
- Letter form Plaintiffs' Attorneys Responding to Defendants' Opposition - 5/13/25
- Recusal Order - 5/14/25
- Court Notice - 5/14/25
- Notice of Entry - 5/14/25
- Notice of Appeal - 5/14/25
- Recusal Order - 5/14/25
- Court Notice - 5/14/25
- Letter from Plaintiffs' Attorneys and Exhibit - 5/15/25
- Short Form Order - 5/15/25
- Notice of Entry - 5/16/25
- Notice of Appeal - 5/16/25
- Court Notice - 5/16/25
- Letter from Defendants' Attorneys Requesting Expedited Consideration of Appeals - 5/16/25
Supreme Court of the State of New York, County of Westchester (Index No. 50325/2025)
- Request for Judicial Intervention - 5/16/25
- Court Notice - 5/19/25
- Affirmation of Bennet J. Moskowitz - 5/20/25
- Defendants' Memorandum of Law in Support of Order to Show Cause for Stay of Proceedings - 5/20/25
- Proposed Order to Show Cause - 5/20/25
- Denial of Proposed Order to Show Cause - 5/21/25
- Notice of Entry - 5/23/25
Appellate Division of the Supreme Court of the State of New York, Second Judicial Department (Docket No. 2024-04378)
- Notice of Appeal - 5/24/24
- Order to Show Cause - 6/17/24
- Affirmation in Partial Opposition - 6/25/24
- Decision & Order on Motion - 7/5/24
- Record on Appeal - 7/17/24
- Brief for Defendants-Appellants - 7/17/24
- Notice of Motion for Leave to File Amicus Curiae Brief - 7/31/24
- Brief for Plaintiffs-Respondents - 7/31/24
- Reply Brief for Defendants-Appellants - 8/7/24
- Decision & Order on Motion - 8/14/24
- Brief for Office of the Attorney General as Amicus Curiae in Support of Affirmance - 8/15/24
- Opinion & Order - 1/30/25
Appellate Division of the Supreme Court of the State of New York, Second Judicial Department (Docket No. 2024-11753)
- Notice of Appeal - 11/11/24
- New York Attorney General's Notification of Intervention as a Matter of Right - 11/14/24
- Order - 11/15/24
- Decision and Order on Motion - 11/20/24
- Brief for Plaintiffs-Appellants - 11/26/24
- Brief for Intervenor Attorney General - 11/26/24
- Brief of the Campaign Legal Center, the ACLU of Southern California, and the ACLU of Northern California as Amici Curiae [...] - 11/27/24
- Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. [...] - 11/27/24
- Decision and Order on Motion - 11/27/24
- Brief for Defendants-Respondents - 12/5/24
- Brief of Amici Curiae Town of Mount Pleasant and Town Board of the Town of Mount Pleasant [...] - 12/6/24
- Brief of Amici Curiae the Town of Cheektowaga [...] - 12/9/24
- Reply Brief for Plaintiffs-Appellants - 12/9/24
- Reply Brief for Intervenor Attorney General - 12/9/24
- Opinion & Order - 1/30/25
- Notice of Motion of Defendants-Respondents for Leave to Appeal to the New York State Court of Appeals and to Refrain from Issuing Remittitur - 2/18/25
- Affirmation in Opposition to Motion for Leave to Appeal - 2/28/25
- Affirmation in Opposition - 2/28/25
- Reply Memorandum of Law in Support for Motion for Leave to Appeal [...] - 3/7/25
- Letter Brief from Clarke Plaintiffs - 3/10/25
- Letter Brief from the Town of Newburgh - 3/10/25
- Decision and Order on Motion - 5/23/25
Appellate Division of the Supreme Court of the State of New York, Second Judicial Department (Docket No. 2025-05921 & 2025-05927)
- Decision & Order on Motion - 5/23/25
State of New York Court of Appeals (No. APL-2025-00110)
- Calendaring Statement - 6/3/25