Opinion
April 5, 1993
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order and judgment is reversed, on the law, without costs or disbursements, it is declared that Local Laws, 1991, No. 8 of the County of Westchester is unconstitutional, and the case is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.
By its own admission, and without elaborating on the procedure employed, the County of Westchester estimated the populations of certain Federal census block segments in setting the legislative district boundaries created by Local Laws, 1991, No. 8 of the County of Westchester. Because the County's population figures were not based on Federal census figures, but were based on the County's base estimates, the resulting reapportionment plan is constitutionally defective (see, Seaman v Fedourich, 16 N.Y.2d 94, 104; Honig v Rensselaer County Legislature, 37 A.D.2d 658, affd 29 N.Y.2d 630; Thayer v Garraghan, 28 A.D.2d 584; cf., Thayer v Garraghan, 29 A.D.2d 825, affd 21 N.Y.2d 881).
The case is remitted to the Supreme Court and the County is directed to promptly return with a plan for reapportionment based upon Federal census figures. Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.