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GLINSKI v. LOMENZO

16 N.Y.2d 27 (1965)

Frank J. Glinski, Individually and as State Senator for the 56th Senatorial District of New York, et al., Appellants, v. John P. Lomenzo, Individually and as Secretary of State of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Robert B. Fleming, Andrew M. Pinckney, Daniel R. Idzik and William F. Keenan, in person, for appellants.

Louis J. Lefkowitz, Attorney-General (Orin G. Judd, Donald Zimmerman and George W. Zuckerman of counsel), for respondent.

Opinion by Chief Judge DESMOND in which Judges DYE and SCILEPPI concur; Judge BURKE concurs for modification in a separate opinion; Judges FULD, VAN VOORHIS and BERGAN dissent and vote to affirm in a memorandum, Judge BERGAN in a separate opinion.

Chief Judge DESMOND.

I would modify the order appealed from by reinstating the Special Term's injunction against a 1965 election of legislators under plan A (and to this reinstatement a majority of this court agrees).

To bring the present difficulties to a prompt end, some of us would add to our mandate these additional directions: first, that a Constitutional...

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