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176th New York State Legislature

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176th New York State Legislature
←175th 177th→
The facade of the New York State Capitol building in bright daylight
New York State Capitol (2009)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJanuary 1 – December 31, 1966
Senate
Members65
PresidentLt. Gov. Malcolm Wilson (R)
Temporary PresidentEarl W. Brydges (R)
Party controlRepublican (37–28)
Assembly
Members165
SpeakerAnthony J. Travia (D)
Party controlDemocratic (90–75)
Sessions
1stJanuary 5 – July 6, 1966

The 176th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to July 6, 1966, during the eighth year of Nelson Rockefeller's governorship, in Albany.

Background

Under the provisions of the New York Constitution of 1938, re-apportioned in 1953, 58 Senators and 150 assemblymen were elected in single-seat districts for two-year terms. The senatorial districts consisted either of one or more entire counties; or a contiguous area within a single county.The Assembly districts consisted either of a single entire county (except Hamilton Co.), or of contiguous area within one county.

In 1964, the U.S. Supreme Court handed down several decisions establishing that State legislatures should follow the One man, one vote rule to apportion their election districts. A special Federal Statutory Court declared the New York apportionment formulae for both the State Senate and the State Assembly unconstitutional, and the State Legislature was ordered to re-apportion the seats by April 1, 1965. The court also ruled that the 1964 legislative election should be held under the 1954 apportionment, but those elected could serve only for one year (in 1965), and an election under the new apportionment should be held in November 1965. Senators John H. Hughes and Lawrence M. Rulison (both Rep.) questioned the authority of the federal court to shorten the term of the 1964 electees,[1] alleging excessive costs for the additional election in an off-year.[2]

The lame-duck Legislature of 1964 met for a special session at the State Capitol in Albany from December 15 to 31, 1964, to re-apportion the legislative districts for the election in November 1965, gerrymandering the districts according to the wishes of the Republican majority before the Democrats would take over the Legislature in January.[3][4] The number of seats in the State Senate was increased to 65, and the number of seats in the Assembly to 165. County representation was abandoned in favor of population-proportional districts, and the new Assembly districts were numbered from 1 to 165.

On February 1, 1965, the United States Supreme Court confirmed the Federal Statutory Court's order to elect a new New York Legislature in November 1965.[5]

On April 14, 1965, the New York Court of Appeals declared the apportionment of December 1964 as unconstitutional, citing that the New York Constitution provides expressly that the Assembly shall have 150 seats, not 165 as were apportioned. The court also held that, although the constitutional State Senate apportionment formula provides for additional seats, the increase from 58 to 65 was unwarranted.[6]

On May 10, the Federal Statutory Court ordered that the election on November 2, 1965, be held under the December 1964 apportionment, and that the Legislature thus elected re-apportion the seats again by February 1, 1966.[7]

On August 24, it was clarified that, if the Governor and Legislature should not have enacted a new apportionment by February 1, 1966, then the courts should draft a new apportionment for the next election.[8]

On October 11, the U.S. Supreme Court dismissed four appeals against the ruling of the Federal Statutory Court, and upheld the election of a new New York Legislature on November 2.[9]

At this time there were two major political parties: the Democratic Party and the Republican Party. The Liberal Party and the Conservative Party also nominated tickets.

Elections

The New York state election, 1965, was held on November 2. The only statewide elective office up for election was a seat on the New York Court of Appeals. Republican Kenneth B. Keating defeated Democrat/Liberal Owen McGivern and Conservative Henry S. Middendorf, Jr. The approximate party strength at this election, as expressed by the vote for Judge of the Court of Appeals, was: Republicans 3,106,000; Democrats 1,824,000; Liberals 208,000; and Conservatives 207,000.

Three of the five women members of the previous legislature—Assemblywomen Shirley Chisholm (Dem.), a preschool teacher of Brooklyn; Constance E. Cook (Rep.), a lawyer of Ithaca; and Dorothy H. Rose (Dem.), a high-school teacher and librarian of Angola—were re-elected. Gail Hellenbrand (Dem.), of Brooklyn, was also elected to the Assembly.

Sessions

The Legislature met for the regular session (the 189th) at the State Capitol in Albany on January 5, 1966;[10] and adjourned on July 6.[11]

Anthony J. Travia (Dem.) was re-elected Speaker.

Earl W. Brydges (Rep.) was elected Temporary President of the State Senate.

On January 14, the New York Court of Appeals moved the deadline for the new legislative apportionment from February 1 to February 15.[12]

On February 23, the Court of Appeal appointed a commission of five members to map out new districts because the Republican-majority Senate and the Democratic-majority Assembly could not agree on a new apportionment. The commission was chaired by President-elect of the American Bar Association Orison S. Marden, of Scarsdale, who was not affiliated with any party and was deemed politically independent. The other members were Ex-Judges of the Court of Appeals Bruce Bromley (Rep.), of Manhattan, and Charles W. Froessel (Dem.), of Queens; Ex-Republican State Chairman Edwin F. Jaeckle, of Buffalo; and Robert B. Brady (Dem.), the Counsel to the Joint Legislative Committee on Re-Apportionment.[13]

On March 14, the apportionment draft was submitted to the Court of Appeals.[14]

On March 22, the Court of Appeals accepted the apportionment as drafted,[15] thus becoming the law, without the need of legislative approval. The number of seats in the State Senate was reduced to 57, and the number of seats in the Assembly to 150.[16]

State Senate

Senators

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Jerome Schutzer, Anthony B. Gioffre, Theodore D. Day and James F. Hastings changed from the Assembly to the Senate at the beginning of the session. Assemblyman William J. Ferrall was elected to fill a vacancy in the Senate.

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."

District Senator Party Notes
1st Leon E. Giuffreda Republican
2nd Bernard C. Smith Republican
3rd Elisha T. Barrett* Republican died on May 8, 1966
4th Henry M. Curran* Republican
5th Edward J. Speno* Republican
6th Norman F. Lent* Republican
7th John R. Dunne Republican
8th John D. Caemmerer Republican
9th Murray Schwartz Democrat
10th Irving Mosberg* Democrat
11th Jack E. Bronston* Democrat
12th Nicholas Ferraro Democrat
13th Seymour R. Thaler* Democrat
14th Thomas J. Mackell* Democrat on November 8, 1966, elected D.A. of Queens Co.
15th Martin J. Knorr Republican
16th William Rosenblatt* Democrat
17th James H. Shaw, Jr. Dem./Lib.
18th Simon J. Liebowitz* Democrat
19th William C. Thompson* Democrat
20th Edward S. Lentol* Democrat
21st Jeremiah B. Bloom* Democrat
22nd Samuel L. Greenberg* Democrat
23rd Irwin Brownstein* Democrat on November 8, 1966, elected to the New York City Civil Court
24th vacant Senator-elect Guy James Mangano (D) was appointed to the Family Court in December 1965
William J. Ferrall* Democrat on February 8, 1966, elected to fill vacancy[17]
25th William T. Conklin* Republican
26th John J. Marchi* Republican
27th Paul P. E. Bookson* Democrat
28th Whitney North Seymour, Jr. Republican
29th Manfred Ohrenstein* Democrat
30th Jerome L. Wilson* Democrat
31st Basil A. Paterson Democrat
32nd Joseph Zaretzki* Democrat Minority Leader
33rd Jerome Schutzer* Democrat
34th Harrison J. Goldin Dem./Lib.
35th Dennis R. Coleman Democrat
36th Abraham Bernstein* Dem./Lib.
37th Archie A. Gorfinkel Democrat
38th John D. Calandra Rep./Cons.
39th Anthony B. Gioffre* Republican
40th Christian H. Armbruster Republican
41st Bernard G. Gordon* Republican
42nd D. Clinton Dominick III* Republican
43rd Lloyd A. Newcombe Republican
44th Robert Watson Pomeroy* Republican
45th Julian B. Erway* Democrat
46th Robert E. Lynch Republican
47th Nathan Proller* Republican
48th Ronald B. Stafford Republican
49th Dalwin J. Niles* Republican
50th Hugh Douglas Barclay* Republican
51st James H. Donovan Republican
52nd Tarky Lombardi, Jr. Republican
53rd John H. Hughes* Republican Chairman of Judiciary
54th Theodore D. Day* Republican
55th Warren M. Anderson* Republican Chairman of Finance
56th William T. Smith* Republican
57th Thomas Laverne* Republican
58th Frank E. Van Lare* Republican
59th Kenneth R. Willard* Republican
60th Earl W. Brydges* Republican elected Temporary President
61st William E. Adams Republican
62nd Thomas F. McGowan Republican
63rd Frank J. Glinski* Democrat
64th Bertrand H. Hoak* Democrat
65th James F. Hastings* Republican

Employees

State Assembly

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."

District Assemblymen Party Notes
1st Perry B. Duryea, Jr.* Republican Minority Leader
2nd Peter J. Costigan Republican
3rd Charles J. Melton Democrat
4th Prescott B. Huntington* Rep./Cons.
5th Richard DiNapoli Republican
6th John G. McCarthy* Republican
7th William L. Burns Republican
8th Francis P. McCloskey Republican
9th Martin Ginsberg Rep./Lib.
10th Stanley Harwood Dem./Lib.
11th Joseph M. Reilly Republican
12th Milton Jonas Republican
13th Arthur J. Kremer Dem./Lib.
14th John S. Thorp, Jr.* Dem./Lib.
15th Joseph M. Margiotta Republican
16th John E. Kingston* Republican
17th Abe Seldin Republican
18th George J. Farrell, Jr. Republican
19th Robert M. Blakeman Republican
20th Eli Wager Democrat
21st J. Lewis Fox* Dem./Lib. Chairman of Public Service
22nd Kenneth N. Browne* Dem./Lib.
23rd Robert J. Hall Rep./Cons.
24th Moses M. Weinstein* Dem./Lib. Majority Leader
25th Frederick D. Schmidt* Democrat
26th Leonard P. Stavisky Dem./Lib.
27th John T. Gallagher Republican
28th Martin Rodell* Dem./Lib.
29th Joseph J. Kunzeman Republican
30th Herbert J. Miller Democrat
31st Alfred D. Lerner Rep./Cons.
32nd Stanley J. Pryor Dem./Lib.
33rd Jules G. Sabbatino* Democrat Chairman of Commerce and Navigation
34th Thomas V. LaFauci* Dem./Lib. Chairman of Civil Service
35th Sidney Lebowitz Dem./Lib.
36th Thomas P. Cullen* Dem./Lib.
37th Joel R. Birnhak Democrat
38th Anthony J. Travia* Dem./Lib. re-elected Speaker
39th Samuel D. Wright Democrat
40th Alfred A. Lama* Dem./Lib. Chairman of Banks
41st Leonard E. Yoswein* Dem./Lib. Chairman of Charitable and Religious Institutions
42nd Lawrence P. Murphy* Dem./Lib. Chairman of Mortgage and Real Estate
43rd Max M. Turshen* Dem./Lib. Chairman of Judiciary
44th Stanley Steingut* Democrat Chairman of General Laws
45th Shirley Chisholm* Dem./Lib.
46th Bertram L. Baker* Dem./Lib. Majority Whip; Chairman of Education
47th Joseph R. Corso* Dem./Lib. Chairman of Codes
48th Edward A. Kurmel* Democrat
49th Harold W. Cohn* Dem./Lib. Chairman of Internal Affairs
50th Gilbert Ramirez Democrat
51st Gail Hellenbrand Democrat
52nd George A. Cincotta* Dem./Lib. Chairman of Excise
53rd Bertram L. Podell* Democrat Chairman of Local Finance
54th Noah Goldstein* Democrat Chairman of Canals and Waterways
55th Herbert H. Marker Democrat
56th Salvatore J. Grieco* Democrat
57th Louis Kalish* Democrat Chairman of Insurance
58th Joseph Kottler* Democrat Chairman of Penal Institutions
59th Dominick L. DiCarlo* Republican
60th Robert F. Kelly* Republican
61st James H. Tully, Jr. Democrat
62nd William J. Ferrall* Democrat resigned on January 6, 1966, to run for the State Senate
William J. Giordano Democrat on February 8, 1966, elected to fill vacancy;[18] result certified on February 21[19]
63rd Joseph J. Dowd* Democrat Chairman of Printed and Engrossed Bills
64th Lucio F. Russo* Republican
65th Edward J. Amann, Jr.* Republican
66th Louis DeSalvio* Democrat Chairman of Military Affairs
67th Jerome W. Marks* Democrat
68th Jerome Kretchmer* Democrat
69th William F. Passannante* Democrat Chairman of Claims
70th Paul J. Curran* Republican on December 23, 1966, appointed as NYC Legislative Representative
71st John M. Burns* Republican
72nd S. William Green* Republican
73rd Albert H. Blumenthal* Democrat Chairman of Health
74th Daniel M. Kelly* Democrat Chairman of Taxation
75th Jose Ramos-Lopez* Democrat Chairman of Aviation
76th Frank G. Rossetti* Democrat Chairman of Labor and Industries
77th Percy E. Sutton* Democrat on September 13, 1966, elected Borough President of Manhattan
78th David Dinkins Democrat
79th Mark T. Southall* Democrat
80th Orest V. Maresca* Democrat Chairman of Affairs of the City of New York
81st John J. Walsh* Democrat Chairman of Public Institutions
82nd Kenneth J. Lyman Democrat died on July 28, 1966[20]
83rd Robert García Democrat
84th Herbert J. Feuer Democrat
85th Seymour Posner* Dem./Lib.
86th Edward A. Stevenson, Sr. Democrat
87th Salvatore R. Almeida Democrat
88th Alexander Chananau* Dem./Lib. Chairman of Cities
89th Robert Abrams Dem./Lib.
90th Melville E. Abrams* Democrat Chairman of Social Welfare; died on October 10, 1966
91st Burton Hecht* Dem./Lib.
92nd Anthony J. Stella Dem./Lib.
93rd Anthony J. Mercorella Dem./Lib.
94th Ferdinand J. Mondello* Democrat Chairman of Revision
95th Benjamin Altman Dem./Lib.
96th Alvin M. Suchin Republican
97th Gordon W. Burrows Republican
98th Thomas J. McInerney* Democrat
99th George E. Van Cott* Republican
100th Joseph R. Pisani Republican
101st Warren J. Sinsheimer Republican
102nd Richard A. Cerosky* Republican
103rd Peter R. Biondo Republican
104th Stephen G. Doig, Jr. Democrat
105th Joseph T. St. Lawrence* Democrat
106th Daniel Becker* Republican
107th Willis H. Stephens* Republican
108th Victor C. Waryas* Democrat
109th Kenneth L. Wilson* Republican
110th John S. McBride Republican
111th Clarence D. Lane* Republican
112th Harvey M. Lifset* Democrat Chairman of Ways and Means
113th Frank P. Cox* Democrat Chairman of Public Printing
114th Douglas Hudson Republican
115th Lawrence E. Corbett, Jr.* Republican
116th John F. Kirvin* Democrat
117th Clark C. Wemple Republican
118th Stanley L. Van Rensselaer* Republican
119th Richard J. Bartlett* Republican Minority Whip
120th Louis Wolfe* Democrat
121st Verner M. Ingram* Republican
122nd Donald J. Mitchell* Republican
123rd Donald A. Campbell* Republican
124th Edwyn E. Mason* Republican
125th George L. Ingalls* Republican
126th Francis J. Boland, Jr. Republican
127th Louis H. Folmer* Republican
128th Harold I. Tyler* Republican
129th William R. Sears Republican
130th Edward A. Hanna Democrat
131st Donald L. Taylor Republican
132nd Edward F. Crawford* Republican
133rd James J. Barry* Democrat
134th John H. Terry* Republican
135th Mortimer P. Gallivan Democrat
136th Philip R. Chase* Republican
137th George M. Michaels* Democrat Chairman of Agriculture
138th Constance E. Cook* Republican
139th L. Richard Marshall* Republican
140th Charles D. Henderson* Republican
141st Frederick L. Warder* Republican
142nd Joseph C. Finley* Republican
143rd Donald C. Shoemaker Republican
144th Hastings S. Morse, Jr. Republican
145th S. William Rosenberg* Republican
146th James M. White Republican
147th James E. Powers Democrat
148th Charles F. Stockmeister* Democrat Chairman of Conservation
149th James L. Emery* Republican
150th Frank Walkley* Republican
151st V. Sumner Carroll Republican
152nd Gregory J. Pope* Democrat
153rd Lloyd J. Long Republican
154th James T. McFarland Republican
155th Chester R. Hardt Republican
156th Francis J. Griffin* Democrat
157th Arthur Hardwick, Jr.* Democrat
158th Stephen R. Greco* Democrat Chairman of Pensions
159th Charles E. Hogg Republican
160th Albert J. Hausbeck* Democrat Chairman of Affairs of Villages
161st John B. Lis* Democrat Chairman of Motor Vehicles
162nd Julius Volker* Republican
163rd Dorothy H. Rose* Democrat
164th Jess J. Present Republican
165th A. Bruce Manley* Republican

Employees

Notes

  1. ^ 2 STATE SENATORS FIGHT TERM RULING in the New York Times on August 2, 1964
  2. ^ Two State Senators Fight Redisricting in the New York Times on August 25, 1964
  3. ^ ROCKEFELLER CALLS SESSION FOR DEC. 15; Legislature Told to Draw Redistricting Formula in the New York Times on December 2, 1964 (subscription required)
  4. ^ Reapportioning New York State in the New York Times on December 3, 1964
  5. ^ HIGH COURT BACKS DISTRICTING EDICT in the New York Times on February 2, 1965 (subscription required)
  6. ^ G.O.P. PLAN VOIDED; Constitution Is Cited as Requiring 150 Seats in Assembly State's Legislative Reapportionment in the New York Times on April 15, 1965 (subscription required)
  7. ^ DECISION IS 2 TO 1; ...that a legislative election be held Nov. 2 under a Republican reapportionment plan that had been invalidated by the State Court of Appeals in the New York Times on May 11, 1965 (subscription required)
  8. ^ Justice Gives Rockefeller a Deadline to Submit Formula, With Judicial Proposal as the Alternative in the New York Times on August 25, 1965 (subscription required)
  9. ^ SUPREME COURT CLEARS ELECTION FOR LEGISLATURE in the New York Times on October 12, 1965 (subscription required)
  10. ^ POMP AND LEVITY MARK THE OPENING in the New York Times on January 6, 1966 (subscription required)
  11. ^ WINDUP IN ALBANY LEAVES 300 BILLS in the New York Times on July 7, 1966 (subscription required)
  12. ^ TOP STATE COURT EXTENDS DEADLINE ON REDISTRICTING in the New York Times on January 15, 1966 (subscription required)
  13. ^ Court Picks 5 to Draft Remapping in the Utica Observer–Dispatch, of Utica, on February 23, 1966
  14. ^ COMMISSION ENDS REDISTRICTING JOB in the New York Times on March 15, 1966 (subscription required)
  15. ^ Charter Revision in the Empire State: The Politics of New York's 1967 Constitutional Convention by Henrik N. Dullea (Rockefeller Institute Press, Albany NY, 1997; pg. 79; ISBN 0-914341-49-9)
  16. ^ MATTER JEROME T. ORANS at FindACase
  17. ^ Vote Is Officially Certified In 3 Special City Elections in the New York Times on February 22, 1966 (subscription required)
  18. ^ Legislative Lineup Remains Unchanged in the Post–Journal, of Jamestown, on February 11, 1966
  19. ^ Vote Is Officially Certified In 3 Special City Elections in the New York Times on February 22, 1966 (subscription required)
  20. ^ KENNETH J. LYMAN, ASSEMBLYMAN, 31 in the New York Times on July 29, 1966

Sources

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