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BROOKLYN HGTS. v. MACCHIAROLA

82 N.Y.2d 101 (1993)

623 N.E.2d 1140

603 N.Y.S.2d 790

In the Matter of Brooklyn Heights Association, Inc., et al., Respondents, v. Frank J. Macchiarola et al., as Members of the New York City Districting Commission, et al., Appellants.

Court of Appeals of the State of New York.

Decided September 7, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Joel Berger, Fred Kolikoff and David Drueding of counsel), for appellants.

Cravath, Swaine & Moore, New York City (Francis P. Barron and David M. Kroeger of counsel), for respondents.

Wolfson & Carroll, New York City (John W. Carroll of counsel), for City Council Member Joan Griffin McCabe, amicus curiae.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA and SMITH concur in Per Curiam opinion; Judge TITONE dissents and votes to affirm in a separate opinion.

Per Curiam.

In 1989, the structure of the New York City Board of Estimate was declared unconstitutional because it violated the Equal Protection guarantee of "one person, one vote" (New York City Bd. of Estimate v Morris, 489 U.S. 688). Consequently, the Board of Estimate was abolished and some of its powers, by vote of the electorate of New...

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