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BROOKLYN ASSN. v. MACCHIAROLA

192 A.D.2d 22 (1993)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 21, 1993

Attorney(s) appearing for the Case

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

Cravath, Swaine & Moore, New York City (Francis P. Barron, Matthew A. Reiber 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.

O'BRIEN and PIZZUTO, JJ., concur with COPERTINO, J.; SULLIVAN, J. P., dissents in a separate opinion in which BALLETTA, J., concurs.

COPERTINO, J.

The question before us is whether the New York City Districting Commission violated the requirements of the New York City Charter in promulgating a redistricting plan with respect to Districts 33, 38, and 1, by failing to satisfy the mandate that "[d]istrict lines shall keep intact neighborhoods and communities with established ties of common interest and association". (NY City Charter § 52...

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