Court of Appeals of New York

In a special proceeding seeking a declaration that the legislature’s failure to apply a consistent method of calculating the number of state senate seats due to population growth throughout the state was arbitrary and violated article III, section 4 of the New York State Constitution, the Supreme Court's ruling against the petitioners is affirmed, where the petitioners did not meet their burden of demonstrating that the use of two constitutionally adequate means of determining the number of senate seats was unconstitutional, given the Constitution's silence on this issue and the measure of discretion that the legislature must be accorded in these matters.

Appellate Information

• Decided 05/03/2012
• Published 05/03/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Eric J. Hecker, Michael A. Carvin