BADILLO v. KATZ


32 N.Y.2d 825 (1973)

Herman Badillo et al., Appellants-Respondents, v. Herman Katz, Individually and as City Clerk of the City of New York, et al., Respondents-Appellants. John D. Calandra et al., Individually and as County Chairmen of the Republican Party in the Boroughs of New York City, Appellants-Respondents, v. David Dinkins, as Chairman of the Board of Elections, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided May 4, 1973.


Attorney(s) appearing for the Case

Donald Zimmerman and Stuart C. Sloame for John D. Calandra and other County Chairmen, appellants-respondents.

Louis C. Benza for Herman Badillo and Juan Caraballo, appellants-respondents.

Norman Redlich, Corporation Counsel (James Nespole, Leonard Koerner and Steven A. Herman of counsel), for respondents-appellants.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.


MEMORANDUM.

We agree with the courts below that Local Laws, 1973, No. 4 of City of New York (Administrative Code of City of New York, ch. 51, tit. ZB) is invalid in that the statutory requirements with respect to the conformation of the Councilmanic Districts were not met (cf. Matter of Schneider v. Rockefeller, 31 N.Y.2d 420, 430). Under the exigent circumstances of this case, however...

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