John FLATEAU, Robert V. Connelly, Audrey Bynoe and Angel A. Rodriguez, and all persons similarly situated, and Stanley Fink, both individually and as Speaker of the Assembly of the State of New York, Plaintiffs,
and
Puerto Rican Legal Defense and Education Fund, Inc., et al., and Manfred Ohrenstein, Plaintiffs-Intervenors,
v.
Warren M. ANDERSON, both individually and as Temporary President and Majority Leader of the New York State Senate; Jay P. Rolison, Jr., both individually and as Co-chairman of the Legislative Task Force on Reapportionment; the Senate of the State of New York; Melvin Miller, both individually and as Co-chairman of the Legislative Task Force on Reapportionment; the Assembly of the State of New York; Hugh L. Carey, both individually and as the Governor of the State of New York; Mario M. Cuomo, both individually and as Lieutenant Governor of the State of New York and as Presiding Officer and President of the Senate of the State of New York; the Legislative Advisory Task Force and the Board of Elections of the State of New York, Defendants,
and
James L. Emery, Defendant-Intervenor.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
April 2, 1982.
April 2, 1982.
Attorney(s) appearing for the Case
Paul Wooten, Brooklyn, N. Y., for plaintiffs John Flateau, Robert V. Connelly, Audrey Bynoe, and Angel A. Rodriguez.
Lizette A. Cantres, Cesar A. Perales, New York City, for plaintiff-intervenor Puerto Rican Legal Defense and Ed. Fund, Inc.
C. Daniel Chill, New York City, for plaintiff Stanley Fink, Speaker of the New York State Assembly.
Martin E. Connor, Brooklyn, N. Y., for plaintiff-intervenor Manfred Ohrenstein, Minority Leader of the New York State Senate.
John F. Haggerty, Michael R. Lanzarone, New York City, for defendants Warren M. Anderson, Temporary President and Majority Leader of the New York State Senate, State Senator Jay P. Rolison, Jr., and the New York State Senate.
Robert Abrams, New York State Atty. Gen. by George D. Zuckerman, and Richard Liskov, Asst. Attys. Gen., New York City, for defendants Hugh L. Carey, Mario Cuomo, and the New York State Bd. of Elections.
Richard S. Scolaro, Scolaro, Shulman & Cohen, P. C., Syracuse, N. Y., for James L. Emery, Minority Leader of the New York State Assembly.
Robert F. Kelly, New York City by Arthur Eisenberg and Richard Emery, New York Civil Liberties Union, New York City, and by William J. Hibsher, U. S. Dept. of Justice, Civil Rights Unit, as amici curiae, for defendant Legislative Advisory Task Force on Reapportionment.
Before PIERCE, Circuit Judge, and ROBERT J. WARD, and VINCENT L. BRODERICK, District Judges.
United States District Court, S. D. New York.
OPINION
PER CURIAM.
I.
This lawsuit challenges the constitutionality of the present apportionment scheme of the New York State Senate, Assembly and congressional districts. Plaintiffs are four New York State voters, the Speaker of the State Assembly, the Minority Leader of the State Senate, and the Puerto Rican Legal Defense and Education Fund, Inc. Defendants are the Majority Leader of the State Senate, the Senate itself, the Minority Leader of...
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