Feinblatt v. O'Rourke

Appellate Division of the Supreme Court of New York

Feinblatt v. O'Rourke

37 A.D.2d 772, 325 N.Y.S.2d 308, 1971 N.Y. App. Div. LEXIS 3492

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

DecidedSeptember 1, 1971

StatusPublished

This text of 37 A.D.2d 772 (Feinblatt v. O'Rourke) 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.

Bluebook

Feinblatt v. O'Rourke, 37 A.D.2d 772, 325 N.Y.S.2d 308, 1971 N.Y. App. Div. LEXIS 3492 (N.Y. Ct. App. 1971).

Pincite

Opinion

In proceedings pursuant to section 330 of the Election Law, three judgments of the Supreme Court, Queens County, each dated August 27, 1971, affirmed, without costs. Special Term dismissed the petition on jurisdictional grounds. In our opinion, a dismissal on such basis was improper. We hold that the petitions should be dismissed on the merits. Queens County is not a political subdivision with respect to which the provisions of the United States Code (tit. 42, § 1973b et seq.) are in effect, and the enforcement of the requirements of new chapter 424 of the Laws of 1971 in Queens County, when the enforcement thereof has been suspended in three neighboring counties of New York City, does not result in a violation of the Equal Protection Clause of the 14th Amendment of the U. S. Constitution. Rabin, P. J., Munder, Shapiro, Gulotta and Benjamin, JJ., concur.

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In proceedings pursuant to section 330 of the Election Law, three judgments of the Supreme Court, Queens County, each dated August 27, 1971, affirmed, without costs. Special Term dismissed the petition on jurisdictional grounds. In our opinion, a dismissal on such basis was improper. We hold that the petitions should be dismissed on the merits. Queens County is not a political subdivision with respect to which the provisions of the United States Code (tit. 42, § 1973b et seq.) are in effect, and the enforcement of the requirements of new chapter 424 of the Laws of 1971 in Queens County, when the enforcement thereof has been suspended in three neighboring counties of New York City, does not result in a violation of the Equal Protection Clause of the 14th Amendment of the U. S. Constitution. Rabin, P. J., Munder, Shapiro, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 772, 325 N.Y.S.2d 308, 1971 N.Y. App. Div. LEXIS 3492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feinblatt-v-orourke-nyappdiv-1971.