MATTER OF AZRIA v. SALERNO


68 N.Y.2d 887 (1986)

In the Matter of Margaret A. Azria, Respondent, v. George D. Salerno et al., Constituting the New York State Board of Elections, Respondent, and Thomas J. Lowery, Jr., Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1986.


Attorney(s) appearing for the Case

John W. Tabner for appellant.

Thomas J. Spargo for Margaret A. Azria, respondent.

Stanley L. Zalen for New York State Board of Elections, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER and TITONE concur; Judges KAYE and HANCOCK, JR., taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed and the petition dismissed.

We agree with the Appellate Division that the ratio established by Election Law § 6-124 indicates the Legislature's desire for proportional representation and that ideally this would require in each instance that the districts with the most party votes in the last election be accorded proportionally more representation...

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