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MATTER OF VAN BERKEL v. POWER

16 N.Y.2d 37 (1965)

In the Matter of Christiaan Van Berkel, Respondent, v. James M. Power et al., Respondents. Louis J. Lefkowitz, Attorney-General of the State of New York in His Statutory Capacity under Section 71 of the Executive Law, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Brenda Soloff of counsel), in his statutory capacity under section 71 of the Executive Law, intervenor-appellant.

Nanette Dembitz for Christiaan Van Berkel, respondent.

Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur with Chief Judge DESMOND; Judge FULD dissents and votes to affirm.

Chief Judge DESMOND.

The appeal comes directly to this court (CPLR 5601, subd. [b], par. 2) from a Supreme Court judgment which declared "unconstitutional and null and void" section 150 of the State Election Law and section 1 of article II of the State Constitution, insofar as they demand in the case of naturalized citizens an additional 90-day delay period before first vote. The New York State constitutional...

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