Legal Opinion

Cohen v. Cuomo

New York Court of Appeals

Decided May 3, 2012PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Petitioners commenced this special proceeding seeking a declaration that chapter 16 of the Laws of 2012, insofar as it expands the size of the New York State Senate from 62 to 63 districts, is unconstitutional. Specifically, they argue that the Legislature’s failure to apply a consistent method of calculating the number of Senate seats due to population growth throughout the state is arbitrary and violates article III, § 4 of the New York State Constitution. We find that petitioners have failed to satisfy their heavy burden of establishing the unconstitutionality of this…

3Cases cited7 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. WMCA, Inc. v. LomenzoSupreme Court of the United States · 1964
  3. Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
  4. Matter of FayNew York Court of Appeals · 1943
  5. Schneider v. RockefellerNew York Court of Appeals · 1972

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4Cited by10 opinions

  1. Favors v. CuomoDistrict Court, E.D. New York · 2012
  2. the Matter of County of Chemung, St. Lawrence, Chautauqua, Jefferson, Oneida, Genesee, Cayuga, Monroe v. Nirav R. ShahNew York Court of Appeals · 2016
  3. Favors v. CuomoDistrict Court, E.D. New York · 2012
  4. Stefanik v. HochulAppellate Division of the Supreme Court of the State of New York · 2024
  5. American Economy Insurance Company v. State of New YorkNew York Court of Appeals · 2017

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