In the Matter of Martin Wolpoff et al., Respondents,
v.
Mario M. Cuomo, Individually and as Governor of the State of New York, et al., Respondents, and Saul Weprin, Individually and as Speaker of the New York State Assembly, et al., Appellants.
In the Matter of Reeves Dixon et al., Respondents,
v.
Mario M. Cuomo, Individually and as Governor of the State of New York, et al., Respondents, and Ralph Marino, Individually and as Temporary President and Majority Leader of the New York State Senate, Intervenor-Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 29, 1992.
Decided June 30, 1992.
Attorney(s) appearing for the Case
Michael A. Carvin and Charles J. Cooper, of the District of Columbia Bar, admitted pro hac vice, and Gregg M. Mashberg for Ralph Marino, appellant in the first above-entitled proceeding and intervenor-appellant in the second above-entitled proceeding.
C. Daniel Chill, Elaine M. Reich and Lawrence D. Bernfeld for Saul Weprin, appellant in the first above-entitled proceeding and respondent in the second above-entitled proceeding.
Stanley Kalmon Schlein for Martin Wolpoff and others, respondents in the first above-entitled proceeding.
Robert Abrams, Attorney-General (Richard Rifkin, Jerry Boone, Joel Graber and Dennis Safran of counsel), for Mario M. Cuomo and others, respondents in the first and second above-entitled proceedings.
George F. Carpinello for Manfred Ohrenstein and another, respondents in the first and second above-entitled proceedings.
Theodore S. Steingut, Jerome Tarnoff, Peter J. Kiernan, Allison M. Walsh and L. Banks Tarver for Reeves Dixon and others, respondents in the second above-entitled proceeding.
Judges SIMONS, HANCOCK, JR., and BELLACOSA concur with Chief Judge WACHTLER; Judge TITONE dissents and votes to affirm in a separate opinion; Judge KAYE taking no part
Court of Appeals of the State of New York.
Chief Judge WACHTLER.
On March 9, 1992, the New York State Legislature voted to adopt a redistricting plan for the Senate and the Assembly (Senate Bill S 7280). On May 4, 1992, the Governor signed the plan, as approved and later amended, into law (L 1992, chs 76, 77, 78). Within days, two separate challenges to the redistricting plan were mounted in State court, pursuant to article III, § 5 of the State Constitution...
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