WALSH v. KATZ

No. 94.

17 N.Y.3d 336 (2011)

953 N.E.2d 753

929 N.Y.S.2d 515

2011 NY Slip Op 4545

In the Matter of ARTHUR J. WALSH et al., Respondents, v. ANITA S. KATZ et al., Respondents, and DANIEL C. ROSS, Appellant. (And a Third-Party Action.)

Court of Appeals of New York.

Decided June 2, 2011.


Attorney(s) appearing for the Case

Daniel C. Ross , Mattituck, appellant pro se.

Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, River-head ( Frank A. Isler , of counsel), for Town of Southold, respondent.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, Riverhead ( Patrick B. Fife and Lauren E. Stiles of counsel), for Arthur J. Walsh and another, respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

JONES, J.

At issue, in this proceeding pursuant to Election Law § 16-102, is the constitutionality of the residency requirement for the elected position of town justice/town board member, Fishers Island, Town of Southold, Suffolk County (L 1860, ch 113, § 2, as amended by L 1898, ch 373, § 1, as further amended by L 1977, ch 276, § 1). We hold that the residency requirement...

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