FRANKLIN v. MANDEVILLE


26 N.Y.2d 65 (1970)

Lawrence Franklin et al., Respondents, v. Elbert Mandeville, as Clerk of the Board of Supervisors of the County of Nassau, et al., Appellants, and Michael N. Petito et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1970.


Attorney(s) appearing for the Case

George C. Pratt and Harold E. Collins for appellants.

Seymour H. Kligler and Michael L. Goldstein for plaintiff-respondents.

Morris H. Schneider, County Attorney (A. Thomas Levin and John M. Armentano of counsel), for defendants-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.

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


GIBSON, J.

The plaintiffs in this reapportionment case attack the present weighted voting plan under which the Board of Supervisors of Nassau County has long operated.1 Upon motion, Special Term awarded summary judgment declaring the plan "illegal, invalid and inconsistent with the equal protection clauses of the State and Federal Constitutions...

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