Opinion
August 21, 1995
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate judgment declaring that Local Laws, 1993, No. 12 of the County of Westchester is constitutional and does not violate Municipal Home Rule Law § 10(1)(a)(13)(a).
Local Laws, 1993, No. 12 of the County of Westchester, which amended subsection (2) of section 107.31 of the Laws of Westchester County, generally provides for the reapportionment of the legislative districts of the Westchester County Legislature. The Supreme Court held that the redistricting plan does not violate Municipal Home Rule Law § 10(1)(a) (13 (a) "because that section is inapplicable to the redistricting plans of Westchester County as a matter of law". We agree. Westchester County operates under a charter form of government and its reapportionment plans are adopted pursuant to its charter, not Municipal Home Rule Law § 10(1)(a)(13)(a). Since the County Board of Legislators of the County of Westchester did not adopt a plan of reapportionment pursuant to Municipal Home Rule Law § 10 (1)(a)(13)(a), it is not controlling here (see, Mehiel v County Bd. of Legislators, 175 A.D.2d 109, 110; see also, Suffolk County Democratic Comm. v. Gaffney, 196 A.D.2d 799, 800; Matter of Angell v. Tompkins County Bd. of Representatives, 90 A.D.2d 896, 897; 1981 Opns Atty Gen 81-105, at 255).
We have considered the plaintiffs' remaining contentions and find them to be without merit (see, Matter of Brooklyn Hgts. Assn. v. Macchiarola, 82 N.Y.2d 101, 106; Matter of Schneider v Rockefeller, 31 N.Y.2d 420; Bay Ridge Community Council v. Carey, 103 A.D.2d 280, affd 66 N.Y.2d 657). Sullivan, J.P., O'Brien, Thompson and Santucci, JJ., concur.