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MATTER OF SCHWARTZ v. ROCKEFELLER

38 A.D.2d 995 (1972)

In the Matter of Michael W. Schwartz, Appellant, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Respondents, and Earl W. Brydges, as Temporary President of the Senate of The State of New York, Intervenor-Respondent

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

March 13, 1972

This is a motion to enjoin the use of the Apportionment Act (L. 1972, ch. 11), which reapportioned the Senate and Assembly elections districts, for the general election to be held in November, 1972, pending the determination of the constitutionality of such act by the courts of the State. On an application for a preliminary injunction pending an appeal, the moving party has the burden of establishing a reasonable probability of success...

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