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  5. 19 A.D.2d 341 (1963)
 

MATTER OF DUTCHER v. HATCH

19 A.D.2d 341 (1963)

In the Matter of Henry R. Dutcher, Jr., et al., Appellants, v. A. Gould Hatch, as Clerk for The County of Monroe, Respondent

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

October 1, 1963.

Attorney(s) appearing for the Case

Thomas R. McHugh for appellants.

Leo T. Minton, Monroe County Legal Adviser (Raymond H. Schwartz of counsel), for respondent.

Arthur B. Curran, Jr., Corporation Counsel of City of Rochester, amicus curiæ.

WILLIAMS, P. J., and NOONAN, J., concur with BASTOW, J.; GOLDMAN and HENRY, JJ., dissent and vote to affirm in separate opinion.

BASTOW, J.

This appeal presents the question as to whether or not a referendum to the voters of Monroe County is required in the approaching general election pursuant to the provisions of section 2 of article IX of the State Constitution. Chapter 1022 of the Laws of 1963 amended article 9 of the Optional County Government Law by adding thereto a new section (1006-a), commonly known as a "Weighted Vote Law", which...

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