In the Matter of Mary R. Gelfman, Petitioner, v. Kenneth Koopersmith, Appellant, and James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents

In the Matter of Mary R. Gelfman, Petitioner, v. Kenneth Koopersmith, Appellant, and James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents. [MAJORITY] In a proceeding under section 330 of the Election Law to invalidate a petition designating Kenneth Koopersmith as a candidate of the Democratic party in the primary election to be held September 14, 1965 for the office of Member of the State Senate for the 9th Senatorial District, Queens County, -and for other related relief, the said Koopersmith appeals from a judgment of the Supreme Court, Queens County, entered August 31, 1965 after a hearing, which granted the petition on the ground that no effective reapportionment has been made under the Constitution of the State of New York and that the said Koopersmith does not reside within the aforesaid Senatorial District. Judgment reversed on the law, without costs, and petition dismissed. The findings of fact are affirmed. In our opinion, "the election to be held in November, 1965 is the “ election next ensuing after a readjustment or alteration of the senate * * * districts become effective ” within the meaning of section 7 of article III of the New York State Constitution. Under the reapportionment plan in effect for the November, 1965 election, 65 State Senators from 65 Senate Districts will be elected instead of 58 Senators from the former 58 Senate Districts. Whether or not the reapportionment plan is constitutional is not here involved. That the reapportionment plan is effective is clear. Therefore, appellant need only be a resident of the County of Queens and not a resident of the 9th Senatorial District. Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.