Abate v. Mundt

Chief Judge Fuld (dissenting in part).

I agree that the Municipal Home Rule Law (§ 10, subd. 1, par. a, cl. [13], sub cl. [b]) permits a Town Supervisor to serve on the County Legislature and requires that he stand separately for election to that body. I cannot, however, subscribe to the court’s decision that the reapportionment plan adopted by the board in this case satisfies the demands of the Equal Protection Clause. In my view, the apportionment standards which apply to the States also apply to municipalities — e.g., counties, cities and towns—which exercise general governmental functions.

A…