Appeals Court Upholds Redistricted Legislative Lines

Latest court decision puts districts to use in 2011 election.

Reversing a decision by a New York State Supreme Court judge, a state appeals court on Thursday ruled that the redistricted legislative lines put forward by Republicans are allowed to be used in this coming election.

An appellate panel in the 2nd Judicial Department ruled that the steps set fourth in the county charter, including a bipartisan commission and public hearings, can not hold up the lines from being put into place. That was the reason the Supreme Court judge, Steven Jaeger, had ruled against the lines in his July ruling.

“We are very gratified that the appellate division has upheld our county charter, as we fully expected,” said Presiding Officer Peter J. Schmitt. 

Democrats have not collected petitions for a candidate in the newly created western 19th Legislative District, which includes parts of the Five Towns, according to published reports. A write-in campaign may still be possible, however.

Democrats will most likely take the case to the Court of Appeals, the state's highest court, on Aug. 24.

This year’s primary will take place on Sept. 13 and the general election on Nov. 2.

Dolores Kazanjian O'Brien August 12, 2011 at 06:33 PM
Can you tell us who the judge(s) is/are who made the ruling?
Stephen J. Bronner August 13, 2011 at 02:52 AM
For now, please check out http://www.courts.state.ny.us/courts/ad2/index.shtml Will provide more details soon.
An tUasal Airgead August 13, 2011 at 10:52 AM
Yatauro v Mangano 2011 NY Slip Op 06230 Decided on August 9, 2011 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT REINALDO E. RIVERA, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON JEFFREY A. COHEN ROBERT J. MILLER, JJ. 2011-06696 [*1]Diane Yatauro, et al., plaintiffs/petitioners- respondents-appellants, v Edward P. Mangano, etc., et al., defendants/respondents-appellants-respondents, William T. Biamonte, et al., defendants/respondents- respondents. … ORDERED that the order and judgment is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, that branch of the plaintiffs/petitioners' motion which was for summary judgment on their first cause of action is denied, and it is declared that the legislative boundaries described in Annex A to the Nassau County Charter, as amended by Local Law No. 3 (2011) of County of Nassau, must be implemented in connection with the general election to be held on November 8, 2011; and it is further, [*2] ... Full decision detailed at: http://www.nycourts.gov/reporter/3dseries/2011/2011_06230.htm
JeremyNY August 13, 2011 at 02:24 PM
Sad that the Five Towns will be split up among legislators...even sadder that our legislator gave it the ok.


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