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MATTER OF HARKENRIDER v. HOCHUL

586.1 CAE 22-00895.

207 A.D.3d 1255 (2022)

169 N.Y.S.3d 872

2022 NY Slip Op 04526

In the Matter of Tim Harkenrider et al., Respondents, v. Kathy Hochul, as Governor, et al., Respondents. The Parent Party of New York et al., Intervenors-Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 12, 2022.

Attorney(s) appearing for the Case

BRAIN INJURY RIGHTS GROUP, LTD., NEW YORK CITY (RORY J. BELLANTONI OF COUNSEL), FOR INTERVENORS-APPELLANTS.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (ANDREA W. TRENTO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS GOVERNOR KATHY HOCHUL AND LIEUTENANT GOVERNOR AND PRESIDENT OF THE SENATE BRIAN A. BENJAMIN.

PHILLIPS LYTLE LLP, BUFFALO (CRAIG R. BUCKI OF COUNSEL), GRAUBARD MILLER, NEW YORK CITY, AND CUTI HECKER WANG LLP, FOR RESPONDENTS-RESPONDENTS SENATE MAJORITY LEADER AND PRESIDENT PRO TEMPORE OF THE SENATE ANDREA STEWART-COUSINS AND SPEAKER OF THE ASSEMBLY CARL HEASTIE.

BRIAN L. QUAIL, ALBANY, FOR RESPONDENT-RESPONDENT NEW YORK STATE BOARD OF ELECTIONS.

Present—Whalen, P.J., Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this special proceeding pursuant to article III, § 5 of the New York State Constitution and McKinney's Unconsolidated Laws of NY § 4221 (L 1911, ch 773, § 1) seeking judicial review of the recent reapportionment and redistricting by the legislature based on the 2020 federal census. The Court of Appeals determined that the process...

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