IANNUCCI v. BD. OF SUPERVISORS


27 A.D.2d 346 (1967)

Jerry Iannucci et al., Respondents, v. Board of Supervisors of the County of Washington, Appellant, and State of New York, Respondent

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

May 2, 1967.


Attorney(s) appearing for the Case

Julian V. D. Orton, County Attorney, for appellant.

Harold R. Moore, Jr., for Jerry Iannucci and another, respondents.

Louis J. Lefkowitz, Attorney-General (Robert W. Imrie and Ruth Kessler Toch of counsel), for State of New York, respondent.

HERLIHY, J. P., REYNOLDS, AULISI and GABRIELLI, JJ., concur in opinion per HERLIHY, J. P.; STALEY, JR., J., dissents and votes to reverse, in a memorandum.


HERLIHY, J. P.

Appeal from an order invalidating as unconstitutional a plan of permanent apportionment based on weighted voting.

In this action the basic issue is whether or not weighted voting may be acceptable as a permanent system of reapportionment.

In our opinion weighted voting on the county level, although not as unrepresentative as the historical representation by Town Supervisors, is...

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