Vitaliano v. Koch

Appellate Division of the Supreme Court of New York

Vitaliano v. Koch

83 A.D.2d 951, 443 N.Y.S.2d 699, 1981 N.Y. App. Div. LEXIS 15404

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

DecidedSeptember 21, 1981

StatusPublished

Cited by1 cases

This text of 83 A.D.2d 951 (Vitaliano v. Koch) 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

Vitaliano v. Koch, 83 A.D.2d 951, 443 N.Y.S.2d 699, 1981 N.Y. App. Div. LEXIS 15404 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel the Board of Elections of the City of New York to conduct a primary election in the County of Richmond for the public office of Council Member-at-Large, Richmond County, the appeal is from a judgment of the Supreme Court, Richmond County (Rubin, J.), dated September 18, 1981, which denied the application. Judgment reversed, on the law and the facts, without costs or disbursements, and application granted. The primary election for Council Member-at-Large, Richmond County, shall proceed as scheduled. This case is distinguishable from Matter of Lisa v Board of Elections of City ofN. Y. (82 AD2d 949). That case involved councilmanic districts which could possibly be changed if the Federal Government fails to approve the current redistricting plan as it applies to Bronx, Kings and New York Counties. The office of Council Member-at-Large is a county-wide office and Richmond County is not subject to the Voting Rights Act. Damiani, J.P., Gulotta and Margett, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel the Board of Elections of the City of New York to conduct a primary election in the County of Richmond for the public office of Council Member-at-Large, Richmond County, the appeal is from a judgment of the Supreme Court, Richmond County (Rubin, J.), dated September 18, 1981, which denied the application. Judgment reversed, on the law and the facts, without costs or disbursements, and application granted. The primary election for Council Member-at-Large, Richmond County, shall proceed as scheduled. This case is distinguishable from Matter of Lisa v Board of Elections of City ofN. Y. (82 AD2d 949). That case involved councilmanic districts which could possibly be changed if the Federal Government fails to approve the current redistricting plan as it applies to Bronx, Kings and New York Counties. The office of Council Member-at-Large is a county-wide office and Richmond County is not subject to the Voting Rights Act. Damiani, J.P., Gulotta and Margett, JJ., concur.

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Bluebook (online)

83 A.D.2d 951, 443 N.Y.S.2d 699, 1981 N.Y. App. Div. LEXIS 15404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitaliano-v-koch-nyappdiv-1981.

Opinion

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