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ABATE v. MUNDT

25 N.Y.2d 309 (1969)

Samuel J. Abate, as a Taxpayer of the County of Rockland, and as a Representative of Others Similarly Situated, Appellant-Respondent, and June Molof et al., as Individuals and as Representatives of Others Similarly Situated, et al., Intervenors-Appellants-Respondents, v. Paul F. Mundt et al., Constituting the Board of Supervisors of the County of Rockland, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided October 8, 1969.

Attorney(s) appearing for the Case

Frank P. Barone for appellant-respondent.

Doris Friedman Ulman for June Molof and others, intervenors-appellants-respondents.

Paul H. Rivet for Cornelius O'Sullivan and others, intervenors-appellants-respondents.

J. Martin Cornell, County Attorney, for respondents-appellants.

Louis J. Lefkowitz, Attorney-General (Robert W. Imrie and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

Judges SCILEPPI, BERGAN, BREITEL and GIBSON concur with Judge BURKE; Chief Judge FULD dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

BURKE, J.

Rockland County is presently governed by a Board of Supervisors, consisting of the Supervisors of each of the county's five constituent towns. In early 1966, a Federal District Court, upon its finding that the board was malapportioned, ordered that a plan be devised which would satisfy the requirements of the Equal Protection Clause and that such plan be submitted to the voters of the county for their...

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