LANDES v. TOWN OF N. HEMPSTEAD


20 N.Y.2d 417 (1967)

Irwin J. Landes, Appellant, v. Town of North Hempstead, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1967.


Attorney(s) appearing for the Case

Irwin J. Landes, in person, and Morton H. Rosen for Irwin J. Landes, appellant.

Robert C. Meade, Town Attorney (Arthur W. Block of counsel), for respondent.

Alfred Miller for New York Civil Liberties Union, amicus curiæ.

Judges BURKE, BERGAN, KEATING and BREITEL concur with Chief Judge FULD; Judge VAN VOORHIS dissents and votes to affirm in a separate opinion in which Judge SCILEPPI concurs.


Chief Judge FULD.

The plaintiff, a duly designated nominee of the Democratic party for the office of councilman in the Town of North Hempstead, brings this action against the town for a judgment declaring unconstitutional and void those provisions of sections 23 and 23-a of the Town Law which require a holder of an elective town office to be an owner of record of real property within the town.

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