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BALDWIN v. CITY OF BUFFALO

6 N.Y.2d 168 (1959)

George R. Baldwin, Sr., Individually and as a Member of the Board of Supervisors of Erie County, Respondent-Appellant, v. City of Buffalo, Appellant-Respondent, et al., Defendants. (Action No. 1.) In the Matter of Frank J. Grimm, Individually and as District Councilman of the City of Buffalo, Respondent-Appellant, v. City of Buffalo et al., Appellants-Respondents, et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (William J. Ostrowski and Elmer S. Stengel of counsel), for appellants-respondents.

Emil L. Cohen and Harold M. Halpern for respondents-appellants.

Elmer R. Weil, County Attorney (George M. Nelson of counsel), for Board of Elections of Erie County, defendant in the first above-entitled action and respondent in the second above-entitled action.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and FROESSEL concur with Judge BURKE; Judge VAN VOORHIS dissents and votes to affirm in a separate opinion.

BURKE, J.

Local Law No. 1 of 1959 of the City of Buffalo alters the boundaries of 26 of the 27 wards in the city. Local Law No. 2 divides the city into 9 councilmanic districts, each composed of 3 of the newly formed wards.

The validity of this legislation is challenged in two actions. One action seeks a declaratory judgment that Local Law No. 1 is invalid on the theory that it changes the mode of selection...

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