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SAMUEL J. ABATE v. PAUL F. MUNDT ET AL. (08/26/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1969.NY.42780 <http://www.versuslaw.com>; 305 N.Y.S.2d 102; 33 A.D.2d 660 *fn**: August 26, 1969. SAMUEL J. ABATE, AS A TAXPAYER OF THE COUNTY OF ROCKLAND AND AS A REPRESENTATIVE OF OTHERS SIMILARLY SITUATED, APPELLANT-RESPONDENT, AND JUNE MOLOF ET AL., AS INDIVIDUALS AND AS REPRESENTATIVES OF OTHERS SIMILARLY SITUATED, ET AL., INTERVENORS-APPELLANTS-RESPONDENTS,v.PAUL F. MUNDT ET AL., CONSTITUTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ROCKLAND, ET AL., RESPONDENTS-APPELLANTS Judgment of the Supreme Court, Rockland County, entered July 31, 1969, affirmed, without costs, insofar as appealed from. Brennan, Rabin, Munder and Kleinfeld, JJ., concur in decision; Beldock, P. J., dissents in separate opinion and votes to modify the judgment in accordance therewith.


Judgment of the Supreme Court, Rockland County, entered July 31, 1969, affirmed, without costs, insofar as appealed from.

Brennan, Rabin, Munder and Kleinfeld, JJ., concur in decision; Beldock, P. J., dissents in separate opinion and votes to modify the judgment in accordance therewith.

No opinion.

Disposition

 Judgment affirmed, etc.

Beldock, P. J. (dissenting).

On this appeal, we have been called upon to determine the validity of the multi-member district reapportionment plan for the new County Legislature proposed by the Board of Supervisors of the County of Rockland. A subsidiary question is whether an individual elected as a town supervisor may automatically serve as a county legislator without standing separately for election to the legislative post. Special Term and a majority of this court has approved the reapportionment plan but has held that a candidate for the offices of both supervisor and county legislator must seek election to each post separately. I agree with this determination in part only. In my opinion, the reapportionment plan is unconstitutional.

The proposed reapportionment plan seeks to implement the "one man, one vote" principle by dividing the county into five election districts, the boundaries of which are coterminous with the boundaries of the five towns in Rockland County, and by apportioning a varying number of elective positions to each district, depending upon its population. The following chart adequately displays the mathematics of the plan:

Population per

District Legislators Population Legislator

No. 1 Stony Point 1 12,114 12,114

No. 2 Haverstraw 2 23,676 11,838

No. 3 Ramapo 6 73,051 12,175

No. 4 Clarkstown 5 57,883 11,577

No. 5 Orangetown 4 ...


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