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MATTER OF RICHARDSON (STARK)

307 N.Y. 269 (1954)

In the Matter of Roy M. D. Richardson et al., Appellants. Abe Stark, as President of The City Council of the City of New York, et al., Respondents; Thomas J. Rhatigan, Intervener, Respondent.

Court of Appeals of the State of New York.

Decided June 28, 1954

Attorney(s) appearing for the Case

Charles H. Tuttle, Carmine A. Ventiera, John R. Bartels and Roy M. D. Richardson, in person, for Roy M. D. Richardson and others, appellants.

Adrian P. Burke, Corporation Counsel (W. Bernard Richland, Seymour B. Quel, Bernard Friedlander and Blossom G. Saxe of counsel), for respondents.

George Rosling for intervener-respondent.

CONWAY, DESMOND, DYE and FROESSEL, JJ., concur with LEWIS, Ch. J.; VAN VOORHIS, J., concurs in the result with respect to the fourth Assembly district in the eighteenth Senate district, but votes to reverse the order of the Appellate Division and reinstate that of Special Term with respect to the other Assembly districts involved for the reasons stated in the dissenting opinion by FULD, J.; FULD, J., dissents and votes to reverse in an opinion.

LEWIS, Ch. J.

In the proceeding before us, instituted pursuant to sections 1-5 of chapter 773 of the Laws of 1911, the four petitioners-appellants — citizens of Kings County — have challenged the constitutionality of procedure by the city council of the City of New York, respondents herein, acting as a board of apportionment, in reapportioning four Assembly districts...

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