Deans v. Mahoney

Appellate Division of the Supreme Court of New York

Deans v. Mahoney

176 A.D.2d 1243

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1991

StatusPublished

This text of 176 A.D.2d 1243 (Deans v. Mahoney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deans v. Mahoney, 176 A.D.2d 1243 (N.Y. Ct. App. 1991).

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— Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the CPLR article 78 petition challenging the constitutionality of Local Laws, 1991, Introductory No. 12 of the City of Buffalo establishing new councilmanic districts in Buffalo because petitioners failed to show that the law was discriminatory and because the United States District Court for the Western District of New York had already determined that the law was constitutional (Hispanics for Fair & Equitable Reapportionment v Griffin, US Dist Ct, WD NY, Aug. 5, 1991). Under settled principles of comity, the instant challenge to the law’s constitutionality must also fail (Matter of Anderson v Buscaglia, 80 AD2d 992, 993; Tilney v Blackmore, 65 AD2d 621, 622). Moreover, respondent Board of Elections of Erie County substantially complied with all requirements of law regarding implementation of the redistricting plan. (Appeal from Order of Supreme Court, Erie County, Sedita, J. — Election Law.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ. (Order entered Sept. 18, 1991.)

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— Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the CPLR article 78 petition challenging the constitutionality of Local Laws, 1991, Introductory No. 12 of the City of Buffalo establishing new councilmanic districts in Buffalo because petitioners failed to show that the law was discriminatory and because the United States District Court for the Western District of New York had already determined that the law was constitutional (Hispanics for Fair & Equitable Reapportionment v Griffin, US Dist Ct, WD NY, Aug. 5, 1991). Under settled principles of comity, the instant challenge to the law’s constitutionality must also fail (Matter of Anderson v Buscaglia, 80 AD2d 992, 993; Tilney v Blackmore, 65 AD2d 621, 622). Moreover, respondent Board of Elections of Erie County substantially complied with all requirements of law regarding implementation of the redistricting plan. (Appeal from Order of Supreme Court, Erie County, Sedita, J. — Election Law.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ. (Order entered Sept. 18, 1991.)

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176 A.D.2d 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deans-v-mahoney-nyappdiv-1991.

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