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  5. 66 N.Y.2d 162 (1985)
 

MTR. OF FOSSELLA v. DINKINS

66 N.Y.2d 162 (1985)

In the Matter of Frank V. Fossella et al., Respondents-Appellants, v. David Dinkins et al., Respondents. Campaign for a Nuclear Navyport Referendum et al., Intervenors-Appellants-Respondents.

Court of Appeals of the State of New York.

Decided October 30, 1985.

Attorney(s) appearing for the Case

Anne E. Simon, Franklin Siegel and Jerry H. Goldfeder for intervenors-appellants-respondents.

Robert Allan Muir, Jr., for Frank V. Fossella, respondent-appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner, Thomas C. Crane and Steven H. Mosenson of counsel), for respondents.

John J. Marchi, pro se, David Jaffe and Kathryn K. Rooney for Senator John J. Marchi, amicus curiae.

Arthur Eisenberg and Steven R. Shapiro for New York Civil Liberties Union, amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in Per Curiam opinion.

Per Curiam.

This is a proceeding to have the Board of Elections remove from the ballot a proposed referendum which would amend New York City Charter § 67. Basically the amendment relates to the use of city property and funds in connection with a military installation by the Federal Government any component of which is designed to carry or store nuclear weapons.

The amendment would prohibit the Board of Estimate...

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