MATTER OF GOLDSTEIN v. ROCKEFELLER


45 Misc.2d 778 (1965)

In the Matter of Harold E. Goldstein et al., Petitioners, v. Nelson A. Rockefeller, as Governor of the State of New York, et al., Respondents.

Supreme Court, Monroe County.

April 6, 1965


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Dale & Linowitz (Charles S. Wilcox and Samuel B. Pierson of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Robert W. Imrie of counsel), for Nelson A. Rockefeller, as Governor of the State of New York, and others, respondents. Leo T. Minton and Raymond H. Schwartz for Board of Supervisors of the County of Monroe and others, respondents. Arthur B. Curran, Jr., Corporation Counsel (Samuel F. Prato of counsel), for Common Council of the City of Rochester, respondent. Harold S. Coyle for Town Board of Brighton, respondent. William G. Servis for Town Board of Clarkson, respondent. Leo T. Sawyko for Town Board of Greece, respondent. Mark H. Klafehn for Town Boards of Hamlin and Sweden, respondents. Robert H. Wendt for Town Board of Henrietta, respondent. Arnold F. Ciaccio for Town Board of Irondequoit, respondent. Easton, Wagner & Bittker for Town Board of Parma, respondent. Jack A. Kaman for Town Board of Pittsford, respondent. Robert C. Stewart for Town Board of Riga, respondent. James D. Sutter for Town Board of Webster, respondent. Robert M. Hennessey for Town Board of Wheatland, respondent. Schulman, Wickins & Ashnault for Town Board of Chili, respondent. Albert E. Gilbert for Town Board of Rush, respondent. Willard W. Holbrook for Town Board of Ogden, respondent. Leon N. Armer for Town Board of Mendon, respondent. Royall, Koegel & Rogers for Association of Towns of the State of New York, amicus curiæ.


DANIEL E. MACKEN, J.

This action, in the form of a special proceeding, is allegedly brought pursuant to section 5 of article III of the New York Constitution and sections 1 through 5 of chapter 773 of the Laws of 1911. The petitioners, citizens and voters of the Town of Irondequoit, ask that the court declare the apportionment of the Board of Supervisors of the County of Monroe unconstitutional; declare section...

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