BAY RIDGE COUNCIL v. CAREY


103 A.D.2d 280 (1984)

Bay Ridge Community Council, Inc., et al., Appellants, v. Hugh Carey, as Governor of The State of New York, et al., Respondents. (Action No. 1.) In the Matter of Bernard J. Le Blanc, Appellant. (Action No. 2.) In the Matter of Robert P. Whelan, Appellant. (Action No. 3.) Clarence P. Rappleyea, Intervenor

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

September 17, 1984


Attorney(s) appearing for the Case

Andrew L. Sichenze and Vincent Rosato (John J. Halloran, Jr., on the brief), for appellants in Action No. 1.

Gibbons & Burke, P. C., for appellant in Action No. 2 (relying on the brief of the intervenor).

McHugh, Leonard & O'Conor (Robert P. Whelan, pro se of counsel), for appellant in Action No. 3.

Robert Abrams, Attorney-General (George D. Zuckerman of counsel), respondent pro se and for Hugh L. Carey and others, respondents.

Graubard Moskovitz McGoldrick Dannett & Horowitz (C. Daniel Chill and Kenneth Shapiro of counsel), for Stanley Fink and another, respondents.

Scolaro, Shulman, Cohen & Lawler, P. C. (Richard S. Scolaro of counsel), for intervenor.

TITONE, J. P., O'CONNOR, BOYERS and EIBER, JJ., concur.


Per Curiam.

The essential facts of this case are succinctly recited in the memorandum of Justice Adler at Special Term (Bay Ridge Community Council v Carey, 115 Misc.2d 433), and in Flateau v Anderson (537 F.Supp. 257, app dsmd 458 U.S. 1123). The matter before us is a challenge to the constitutionality of chapter 455 of the...

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