Majority
p. 971(April 27, 1944.) In the Matter of Maurice Tishman, Respondent-Appellant, against J. Russel Sprague, as Chairman of the Board of Supervisors of Nassau County, et al., Respondents-Appellants. In the Matter of Asa A. Trenchard, Respondent, against J. Russel Sprague, as County Executive of Nassau County, et al., Respondents-Appellants. In the Matter of Frank G. Van Der Veer, Respondent-Appellant. J. Russel Sprague, as County Executive and Chairman of the Board of Supervisors of Nassau County, et al., Respondents-Appellants.
On argument, order reversed on the law, without costs, the ordinance declared invalid, and the matter remitted to the Board of Supervisors to erect Assembly districts in conformity with the pertinent constitutional provisions. The Constitution does not permit the division of a town in erecting Assembly districts, or the election of Assemblymen at large. Leave to appeal to the Court of Appeals is granted. Close, P. J., Hagarty, Carswell, Adel and Aldrich, JJ., concur. [See post, p. 988.]