A federal lawsuit has been filed against Gov. Andrew Cuomo in an attempt to force the governor to call a special election for the congressional vacancy left by former Rep. Michael Grimm. Grimm resigned from Congress in early 2015 after pleading guilty to felony tax fraud.

By law, Cuomo must call a special election to fill the seat and such election must take place 70 to 80 days after it is announced. However, the governor has no present plans of calling a special election, angering the constituents of Grimm’s former district, which encompasses Staten Island and southern Brooklyn.

The suit alleges constitutional violations and requests the court to compel Cuomo to call a special election.

Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York will hear the case on February 13, 2015.

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.