DIPRIMA v. WAGNER


14 A.D.2d 36 (1961)

Francis R. Di Prima, Respondent-Appellant, v. Robert F. Wagner, as Mayor of City of New York, et al., Appellants-Respondents, and Louis J. Lefkowitz, as Attorney-General, Intervenor-Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1961.


Attorney(s) appearing for the Case

Emil K. Ellis (Maurice Shire, Jonas Ellis with him on the brief), attorney for respondent-appellant.

Leo A. Larkin, Corporation Counsel (Morris Handel, John F. Kelly, Stanley Buchsbaum and Pauline K. Berger with him on the brief), for Robert F. Wagner, as Mayor of the City of New York, and others, appellants-respondents.

Reuben A. Lazarus for John T. Cahill and others, as members of the New York City Charter Revision Commission, appellants-respondents.

Ruth Kessler Toch of counsel (Paxton Blair and Milton Kaplan with her on the brief; Louis J. Lefkowitz, Attorney-General), for intervenor-appellant-respondent.

A. Paul Goldblum (Arnold L. Fein, Edward J. Greenfield, Leonard S. Halpert and Gerald M. Werksman with him on the brief), for New York Committee for Democratic Voters, amicus curiæ.

BOTEIN, P. J., RABIN, VALENTE and STEVENS, JJ., concur.


STEUER, J.

All parties to this action appeal from an order of Special Term and from the judgment thereon. Plaintiff sues as a taxpayer, seeking a judgment declaring that a certain act of the Legislature (City Home Rule Law, § 20; L. 1961, ch. 87) is unconstitutional and enjoining the defendants from taking any steps pursuant to the said statute, particularly incurring...

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