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MATTER OF ROHER v. DINKINS

40 A.D.2d 956 (1972)

In the Matter of Adolph Roher et al., Appellants-Respondents, v. David N. Dinkins et al., Constituting The Board of Elections of the City of New York, et al., Respondents-Appellants. Attorney-General of the State of New York, Intervenor-Respondent-Appellant

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

December 1, 1972

Except as so modified, the judgment is affirmed, without costs and without disbursements. Although we agree with Special Term that the provisions of sections 3 and 4 of article XIII of the Constitution are applicable to elected community board members, only so much of section 2590-c (subd. 6, par. [34], cl. b) of the Education Law as violates the Constitution should have been invalidated. As hereby modified, the aforesaid subdivision...

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