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  5. 25 N.Y.2d 405 (1969)
 

BERGERMAN v. LINDSAY

25 N.Y.2d 405 (1969)

Milton M. Bergerman, Individually and as Chairman of the Citizens Union of the City of New York, Inc., Appellant, v. John V. Lindsay, as Mayor of the City of New York, et al., All Constituting the Board of Estimate of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Samuel D. Smoleff for appellant.

J. Lee Rankin, Corporation Counsel (John J. Loflin and Stanley Buchsbaum of counsel), for John V. Lindsay, respondent.

Charles S. Desmond for remaining respondents.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law and CPLR 1012 (subd. [b]).

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.

BERGAN, J.

The action is to declare statutory powers of the Board of Estimate of the City of New York in the budget-making process constitutionally invalid because of the marked population inequalities of the units which elect some of the board's members. The court at Special Term granted judgment for the defendants and expressly declared the challenged statutory powers valid. A direct appeal is here on constitutional...

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