192 A.D.2d 517, *; 595 N.Y.S.2d 811, **;
1993 N.Y. App. Div. LEXIS 3453, ***

Town of Scarsdale, plaintiff-appellant, v. County of Westchester, et al., respondents, Amy Paulin, et al., intervenors-appellants.

92-05001

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT

192 A.D.2d 517; 595 N.Y.S.2d 811; 1993 N.Y. App. Div. LEXIS 3453

December 21, 1993, Argued     
April 5, 1993, Decided

COUNSEL: [***1]  Richard M. Gardella, Scarsdale, N.Y., for plaintiff-appellant.

Marvin S. Fink, Scarsdale, N.Y., for intervenors-appellants.

Marilyn J. Slaatten, County Attorney, White Plains, N.Y. (Carol L. Van Scoyoc and Vincent M. Cascio of counsel), for respondents.

McCarthy, Fingar, Donovan, Drazen & Smith, White Plains, N.Y., for League of Women Voters of Westchester County, amicus curiae.

JUDGES: WILLIAM C. THOMPSON, J.P., LAWRENCE J. BRACKEN, THOMAS R. SULLIVAN, VINCENT R. BALLETTA, JR., JJ.

OPINION: [*517] [**812]  DECISION & ORDER

In an action for a judgment declaring Local Laws, 1991, No. 8 of the County of Westchester unconstitutional, the plaintiff Town of Scarsdale and the intervenors, residents of the Town of Scarsdale, appeal from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered March 27, 1992, which is in favor of the defendants and against them.

ORDERED that the judgment is reversed, on the law, without  [*518]  costs or disbursements, and it is declared that Local Laws, 1991, No. 8 of the County of Westchester is unconstitutional.

The trial court correctly ruled that the Town of Scarsdale lacks standing to challenge the County's [***2]  reapportionment plan on the ground that it divided Town of Scarsdale between two voting districts (see, Mirrione v Anderson, 717 F 2d 743, cert denied 465 U.S. 1036; see also, Society of Plastics Industry v Suffolk County, 77 NY2d 761). However, the intervenors could properly bring this action in their capacity as individuals. In any event, due to the fact that the local law in question has been found to be unconstitutional for reasons stated in a companion case to this appeal, we need not reach the parties' present contentions (see, Chonigman v County of Westchester,    AD2d    [decided herewith]).

THOMPSON, J.P., BRACKEN, SULLIVAN and BALLETTA, JJ., concur.