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MATTER OF BLAIKIE v. POWER

13 N.Y.2d 134 (1963)

In the Matter of Robert B. Blaikie, Individually and on Behalf of Others Similarly Situated, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided August 22, 1963.

Attorney(s) appearing for the Case

Harry H. Lipsig and Murray L. Lewis for appellant.

Leo A. Larkin, Corporation Counsel (Morris Handel, Seymour B. Quel and Joel L. Cohen of counsel), for respondents.

Aaron Nussbaum, Mendel Zucker and Amos Basel for Liberal Party of the State of New York and others, amici curiæ.

Joseph E. Ruggiero and Jack Rosenberg for Republican County Committee of the County of New York, and Morris Schwalb for Republican County Committee of Bronx County, amici curiæ.

John A. Garbarino for Republican County Committee of Richmond County, amicus curiæ.

Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), amicus curiæ, in support of the constitutionality of section 22 of the New York City Charter.

Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiæ.

Judges VAN VOORHIS, SCILEPPI and GIBSON concur with Judge FULD; Judge BURKE concurs in a separate memorandum; Chief Judge DESMOND dissents and votes to reverse and to reinstate the order of Special Term in an opinion in which Judge DYE concurs.

FULD, J.

In this case, involving the constitutionality of the recently adopted New York City Charter provision relating to the election of councilmen at large, Johnson v. City of New York (274 N.Y. 411) — which dealt with an earlier provision of a somewhat similar character — is dispositive of the issue presented.

At the general election held in November of 1961, the following two...

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