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GOLDEN v. CLARK

76 N.Y.2d 618 (1990)

Howard Golden et al., Respondents, v. Merrell E. Clark, Jr., as Chair of the Conflicts of Interest Board of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 23, 1990.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Frederick P. Schaffer and Grace Goodman of counsel), for appellants.

Henry Mark Holzer and Kenneth K. Fisher for Howard Golden and others, respondents.

Robert Allan Muir, Jr., for Lilly B. Bachmann and another, respondents.

Robert B. Fiske, Jr., for Citizens Union of the City of New York and others, amici curiae.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and BELLACOSA concur with Judge SIMONS; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.

SIMONS, J.

This appeal questions whether the voters of New York City may adopt a Charter provision that requires high city officers to forego certain political offices as a qualification for holding public office. Plaintiffs, various City and political party officials, voters and political parties, instituted this action asserting that the provision, section 2604 (b) (15) of the New York City Charter,

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