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MORRIS v. BOARD OF ESTIMATE

Nos. 966, 96 Docket 86-9019, 86-9041 and 86-9059.

831 F.2d 384 (1987)

Beverly MORRIS; Joy Clarke Holmes; Joanne Oplustil, Appellees, v. The BOARD OF ESTIMATE, The City of New York, Edward I. Koch, individually and as City Council President, Harrison J. Goldin, individually and as Comptroller for the City of New York, Howard Golden, David N. Dinkins, Stanley Simon, Clare Shulman, Ralph J. Lamberti, each individually and as Borough Presidents of the Boroughs of the City of New York, Appellants, Frank V. Ponterio, Intervenor-Defendant-Appellant, Robert A. Straniere, individually and as a member of the New York State Assembly, Intervenor-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 8, 1987.

Attorney(s) appearing for the Case

Leonard Koerner (Peter L. Zimroth, Corporation Counsel of the City of New York, Stephen J. McGrath, Fay Leoussis, of counsel), Edward N. Costikyan (Simon H. Rifkind, Gerard E. Harper, Paul, Weiss, Rifkind, Wharton & Garrison, Sp. Asst. Corp. Counsel), New York City, for appellant Bd. of Estimate.

Barbara Ponterio, Staten Island, N.Y., for intervenor-appellant Ponterio.

Robert A. Straniere, pro se.

Richard Emery, New York Civil Liberties Union, New York City (Arthur Eisenberg, New York Civil Liberties Union, of counsel), for appellees.

John J. Marchi, pro se.

Michael Weinberger, New York City, for amicus curiae Staten Island League for Better Government.

John J. Banzhaf III, Washington, D.C., amicus curiae pro se.

John V. Lindsay, Donald J. Cohn, Webster & Sheffield, New York City (Lawrence D. Gerzog, of counsel), Alan Rothstein, for amicus curiae Citizens Union of New York City.

Peter F. Vallone, pro se and for City Council amici and Susan Belgard, City Council Legal Service Div. (Kathleen Cudahy, Nancy Friedman, John Spadaro, of counsel), for City Council amici.

Before OAKES, NEWMAN, and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

The Board of Estimate is a body of New York City municipal government authorized by chapter 3 of the New York city charter. It is comprised of the mayor, city council president, comptroller, and the five borough presidents of the City of New York, which is to a substantial extent governed by the Board of Estimate. The three citywide officials on the Board are granted two votes each as to non-budgetary matters, while each borough president is...

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