Harradine v. Board of Sup'rs of Orleans County

• Decision Date: 14 September 1979
• Parties: Allen B. HARRADINE, on behalf of himself, Individually and as Director of the Orleans County Taxpayers' Association, Inc., and all other Citizens, Taxpayers and Voters in Orleans County, New York, similarly situated, Respondent, v. The BOARD OF SUPERVISORS OF ORLEANS COUNTY, Appellant, and The State of New York, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 799

420 N.Y.S.2d 799

71 A.D.2d 1045

Allen B. HARRADINE, on behalf of himself, Individually and as Director of the Orleans County Taxpayers' Association, Inc., and all other Citizens, Taxpayers and Voters in Orleans County, New York, similarly situated, Respondent, v. The BOARD OF SUPERVISORS OF ORLEANS COUNTY, Appellant, and The State of New York, Respondent.

Supreme Court, Appellate Division, Fourth Department.

Sept. 14, 1979.

Thomas J. Young, Holley, by David M. Lascell, Rochester, for appellant; Nixon, Hargrave, Devans & Doyle, Rochester, of counsel.

Vincent S. White, Buffalo, for respondent; Robert J. Lane, Buffalo, of counsel.

Vincent D. Cardone, Medina, for Orleans County Citizens' Committee.

Robert Abrams, Atty. Gen., by Robert W. Imrie, Asst. Atty. Gen., Albany, for respondent State.

Before DILLON, P. J., and HANCOCK, SCHNEPP and DOERR, JJ.

MEMORANDUM:

Special Term did not abuse its discretion when it struck down a 1971 court-imposed interim reapportionment plan as unconstitutional in view of a 26% Deviation in representation between the towns of Shelby and Clarendon and imposed a new interim reapportionment plan (Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506; Montano v. Lee, 401 F.2d 214); see also, Harradine v. Board of Supervisors of Orleans County, 68 A.D.2d 298, 416 N.Y.S.2d 927 (1979).

Order unanimously affirmed without costs.