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MATTER OF BERGER v. FRIESE

45 A.D.2d 734 (1974)

In the Matter of Julius R. Berger, Petitioner, and David T. Landrigan, Appellant, v. Jessica F. Friese, as City Clerk of The City of White Plains, et al., Respondents

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

June 17, 1974

Judgment reversed insofar as appealed from, on the law, without costs, and application of petitioner Landrigan granted, without costs.

Under the circumstances of this case, we find that there is no rational relationship between the two-year residence requirement and the right to run for the office of Councilman of the City of White Plains. We therefore hold that the two-year residence requirement is unconstitutional and void. In so holding, we do not determine that...

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