Opinion
Argued October 21, 1943
Decided October 22, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, C.A. JOHNSON, J.
Abraham Schlissel and Maurice J. Fleischman for appellant.
Marcus G. Christ, County Attorney ( G. Burchard Smith of counsel), for Board of Elections, respondents.
David Cohen for Albert A. Arditti, intervener, respondent.
Paul L. Bleakley, Corporation Counsel, for City of Yonkers as amicus curiae. Samuel D. Smoleff for Citizens Union of the City of New York as amicus curiae.
Order affirmed, without costs. The proposed local law is not a new charter but an amendment of the existing charter. We decide no other question.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, DESMOND and THACHER, JJ.
RIPPEY and CONWAY, JJ., dissent on the ground that the proposed local law changes so essentially the structure of the government of the city as to constitute a new charter.