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LAWRENCE FRANKLIN ET AL. v. ELBERT MANDEVILLE ET AL. (10/10/68)
SUPREME COURT OF NEW YORK, SPECIAL TERM, NASSAU COUNTY
1968.NY.43046 <http://www.versuslaw.com>; 294 N.Y.S.2d 141; 57 Misc. 2d 1072
October 10, 1968
LAWRENCE FRANKLIN ET AL., PLAINTIFFS,v.ELBERT MANDEVILLE ET AL., DEFENDANTS
Seymour H. Kligler for plaintiffs.
Harold E. Collins for Elbert Mandeville and others, defendants.
George C. Pratt for Harold W. McConnel, defendant.
Morris H. Schneider for Eugene H. Nickerson and another, defendants.
William R. Geiler, J.
Five plaintiffs, each a resident, taxpayer and qualified voter of one of the three towns and two cities comprising Nassau County, instituted this action for declaratory judgment. They requested that the court make the following declarations:
1. That section 104 of the Nassau County Charter (L. 1936, ch. 879, as amd.) is unconstitutional. . That section 150 and subdivision 4 of section 153 of the County Law are not applicable to Nassau County or in the alternative are unconstitutional.
3. That the Board of Supervisors of the County of Nassau shall adopt a constitutional plan of apportionment.
The defendants Nickerson and Petito admitted substantially all of the material allegations of the complaint and cross-claimed against the other defendants for essentially the same relief requested by the plaintiffs in their complaint.
The other defendants contested the declarations made by the plaintiffs and cross-claiming defendants except they admitted that section 150 and subdivision 4 of section 153 of the County Law are not applicable to Nassau County. Thus it is agreed that sections 150 and subdivision 4 of section 153 of the County Law are not applicable to Nassau County and therefore are not an issue in this proceeding.
The plaintiffs and cross-claiming defendants now move for summary judgment pursuant to CPLR 3212.
The governing body of the County of Nassau is the Board of Supervisors (hereinafter referred to as the Board). The membership of the Board is made up of the following elected officials:
1. Two Supervisors from the Town of Hempstead.
2. One Supervisor from the Town of North Hempstead.
3. One Supervisor from the Town of Oyster Bay.
4. One Supervisor from the City of Glen Cove.
5. One Supervisor from the City of Long Beach.
How is the makeup of the Board arrived at? Subdivision 2 of section 104 of the County Charter contains the formula by which the Board is constituted and is as follows: "The supervisor or supervisors of each town and city shall, except as otherwise provided in this article, be entitled to cast at meetings of the board of supervisors, a number of votes equal to the quotient in whole numbers obtained by dividing the number of inhabitants, excluding aliens, as determined by the latest federal census or state census, whichever is the later, of the town or city from which they may have been elected, by ten thousand; provided that where there is more than one supervisor from any town or city, the quotient so obtained shall be divided equally among the supervisors from such town or city, and further provided that no supervisor shall have less than one vote, nor shall the supervisor or supervisors of any town or city be entitled to cast more than fifty per centum of the total vote of said board." An analyzation of this section indicates that the following four requirements must be met to establish the representation and voting of the members of the Board:
1. The number of citizen inhabitants of each of Nassau's three towns and two cities, as determined in the latest Federal or State census, shall be divided by 10,000 and the resulting quotient, in whole numbers, shall be the ...