Legal Opinion

People ex rel. Boyle v. Cruise

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1921PublishedCited by 5 opinions

Appeal by the relator, Edward F. Boyle, from, an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of June, 1921, denying relator’s motion for a writ of mandamus to compel the authorities of the city of New York to disregard the Aldermanie Reapportionment Act, chapter 670 of the Laws of 1921 (amdg.

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Appeal by the relator, Edward F. Boyle, from, an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of June, 1921, denying relator’s motion for a writ of mandamus to compel the authorities of the city of New York to disregard the Aldermanie Reapportionment Act, chapter 670 of the Laws of 1921 (amdg. Greater New York charter [Laws of 1901, chap. 466], § 19, as amd. by Laws of 1916, chap. 540), in connection with notices required by the Election Law (§ 293, as amd. by Laws of 1913, chap. 820) to be given…

1Opinion of the Court

Smith, J.:

This proceeding challenges the constitutionality of the act in question upon two grounds: First, upon the ground that the apportionment formation of the aldermanic districts is not measured by the number of residents or inhabitants, but is disproportionate therein; and, second, upon the ground that the Legislature repassed the act before the expiration of the fifteen days allowed to the mayor of the city of New York to consider and return the same under article 12, section 2, of the State Constitution.

As to the first ground I think the challenge cannot be sustained. The aldermanic…

2Cases cited1 opinion

  1. Matter of DowlingNew York Court of Appeals · 1916

3Cited by5 opinions

  1. People v. FineNew York Supreme Court · 1940
  2. Brairton ex rel All Qualified Voters of Rochester v. GilletteNew York Supreme Court · 1963
  3. Mancuso v. Board of EducationNew York Supreme Court · 1954
  4. Alacqua v. BaudanzaCivil Court of the City of New York · 1981
  5. Baldwin v. City of BuffaloNew York Supreme Court · 1959

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