League of Women Voters of Westchester v. County of Westchester

• Decision Date: 21 August 1995
• Citation: 630 N.Y.S.2d 768,218 A.D.2d 730
• Parties: LEAGUE OF WOMEN VOTERS OF WESTCHESTER, et al., Appellants, v. COUNTY OF WESTCHESTER, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 768

630 N.Y.S.2d 768

218 A.D.2d 730

LEAGUE OF WOMEN VOTERS OF WESTCHESTER, et al., Appellants, v. COUNTY OF WESTCHESTER, et al., Respondents.

Supreme Court, Appellate Division Second Department.

Aug. 21, 1995.

Reed & Neale, White Plains (J. Henry Neale, Jr., of counsel), for appellants.

Marilyn J. Slaatten, County Attorney, White Plains (Carol L. Van Scoyoc and Vincent M. Cascio, of counsel), for respondents.

Before SULLIVAN, J.P., and O'BRIEN, THOMPSON and SANTUCCI, JJ.

MEMORANDUM BY THE COURT.

In an action for a judgment declaring, inter alia, Local Laws, 1993, No. 12 of the County of Westchester unconstitutional, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Ingrassia, J.), entered August 9, 1994, which denied their motion for summary judgment and granted the defendants' cross motion for summary judgment.

ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate judgment declaring that Local Laws, 1993, No. 12 of the County of Westchester is constitutional and does not violate Municipal Home Rule Law § 10(1)(a)(13)(a).

Local Laws, 1993, No. 12 of the County of Westchester, which amended subsection 2 of § 107.31 of the Laws of Westchester County, generally provides for the reapportionment of the legislative districts of the Westchester County Legislature. The Supreme Court held that the redistricting plan does not violate Municipal Home Rule Law § 10(1)(a)(13)(a) "because that section is inapplicable to the redistricting plans of Westchester County as a matter of law". We agree. Westchester County operates under a charter form of government and its reapportionment plans are adopted pursuant to its charter, not Municipal Home Rule Law § 10(1)(a)(13)(a). Since the County Board of Legislators of the County of Westchester did not adopt a plan of reapportionment pursuant to Municipal Home Rule Law § 10(1)(a)(13)(a), it is not controlling here (see, Mehiel v. County Bd. of Legislators, 175 A.D.2d 109, 110, 571 N.Y.S.2d 808; see also, Suffolk County Democratic Comm. v. Gaffney, 196 A.D.2d 799, 800, 601 N.Y.S.2d 935; Matter of Angell v. Tompkins County Bd. of Representatives, 90 A.D.2d 896, 897, 456 N.Y.S.2d 510; 1981 Opns.Atty.Gen. 81-105, at 255).

We have considered the plaintiffs' remaining contentions and find them to be without merit (see, Matter of Brooklyn Hgts. Assn. v. Macchiarola, 82 N.Y.2d 101, 106, 603...