TOWN OF GREENBURGH v. BOARD OF SUPERVISORS, 23 N.Y.2d 732 (1968)

296 N.Y.S.2d 373, 244 N.E.2d 63

TOWN OF GREENBURGH et al., Respondents, RITA H. SATZ et al., Appellants, and TOWN OF YORKTOWN et al., Intervenors-Respondents, v. BOARD OF SUPERVISORS OF WESTCHESTER COUNTY et al., Respondent, et al., Defendants.

Court of Appeals of the State of New York.Argued October 8, 1968
Decided November 27, 1968 Remittitur amended January 9, 1969.

Appeal from the Supreme Court, Board of Supervisors of Westchester County.

Page 733

Marshall C. Berger and Ira M. Millstein for plaintiffs-appellants.

Gordon Miller, County Attorney of Westchester County (Irving Libenson of counsel), for Board of Supervisors of Westchester County, respondent.

Henry J. Smith for plaintiffs-respondents.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen an Samuel A. Hirshowitz of counsel), for John P. Lomenzo, as Secretary of State, respondent.

Morris H. Schneider, County Attorney of Nassau County (John M. Armentano and A. Thomas Levin of counsel), for Eugene H. Nickerson, County Executive of Nassau County, amicus curiae.

Judgment reversed, without costs, and case remitted to the Supreme Court, Westchester County, with directions to vacate the judgment appealed from insofar as it is directed to the plan of reapportionment rejected by the voters at the November 5, 1968 general election, upon the ground that the issues are moot in respect to that plan (Wilmerding v. O’Dwyer, 297 N.Y. 664 Matter of Adirondack League Club v. Board of Black Riv. Regulating Dist., 301 N.Y. 219). No opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.