177th New York State Legislature

177th New York State Legislature

New York State Capitol (2009)
Duration: January 1, 1967 – December 31, 1968
President of the State Senate: Lt. Gov. Malcolm Wilson (R)
Temporary President of the State Senate: Earl W. Brydges (R)
Speaker of the State Assembly: Anthony J. Travia (D), until July 17, 1968
Moses M. Weinstein (D), acting from July 23, 1968
Members: 57 Senators
150 Assemblymen
Senate Majority: Republican (31–26)
Assembly Majority: Democratic (80–70)
Sessions
1st: January 4 – April 2, 1967
2nd: January 3 – May 25, 1968
<176th 178th>

The 177th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4, 1967, to May 25, 1968, during the ninth and tenth years 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]

On January 14, 1966, the Court of Appeals moved the deadline for the new legislative apportionment from February 1 to February 15.[10]

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.[11]

On March 14, the apportionment draft was submitted to the Court of Appeals.[12]

On March 22, the Court of Appeals accepted the apportionment as drafted,[13] 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.[14]

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

Elections

The New York state election, 1966, was held on November 8. Governor Nelson Rockefeller and Lieutenant Governor Malcolm Wilson were re-elected, both Republicans. The elections to the other three statewide elective offices resulted in a Republican Attorney General; a Democratic State Comptroller with Liberal endorsement; and a Republican Chief Judge with Democratic, Conservative and Liberal endorsement. The approximate party strength at this election, as expressed by the vote for Governor and Lieutenant Governor, was: Republicans 2,691,000; Democrats 2,298,000; Conservatives 513,000; Liberals 507,000; Socialist Labor 12,700; and Socialist Workers 12,500.

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

At the same time, 186 delegates to a New York State Constitutional Convention were elected: 15 statewide at-large, and three in each senatorial district. The final result was the election of 101 Democrat/Liberals and 85 Republican/Conservatives.

The New York state election, 1967, was held on November 7. The only statewide elective offices up for election were two seats on the New York Court of Appeals. One vacancy in the State Assembly was filled. The proposed changes to the Constitution were rejected by the voters. The approximate party strength at this election, as expressed by the average vote for Judge of the Court of Appeals, was: Republicans 2,161,000; Democrats 2,070,000; Conservatives 402,000; and Liberals 202,000.

Sessions

The Legislature met for the first regular session (the 190th) at the State Capitol in Albany on January 4, 1967;[15] and adjourned in the morning of April 2.[16]

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

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

The Constitutional Convention met at the State Capitol in Albany on April 4;[17] and adjourned on September 26.[18] Speaker Anthony J. Travia (Dem.) was elected President of the Convention.

The Legislature met for the second regular session (the 191st) at the State Capitol in Albany on January 3, 1968;[19] and adjourned on May 25.[20]

State Senate

Senators

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Douglas Hudson and James E. Powers changed from the Assembly to the Senate at the beginning of the session. Assemblyman Robert García 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 Henry M. Curran* Rep./Lib.
4th Edward J. Speno* Republican
5th John D. Caemmerer* Republican
6th John R. Dunne* Republican
7th Norman F. Lent* Republican
8th Murray Schwartz* Dem./Lib.
9th Jack E. Bronston* Dem./lib.
10th Seymour R. Thaler* Dem./Lib.
11th Irving Mosberg* Dem./Lib. on November 7, 1967, elected to the New York City Civil Court
John J. Santucci Democrat on February 20, 1968, elected to fill vacancy[21]
12th William C. Brennan Dem./Lib. on November 5, 1968, elected to the New York City Civil Court
13th Nicholas Ferraro* Democrat
14th Edward S. Lentol* Democrat
15th Simon J. Liebowitz* Dem./Lib. on November 5, 1968, elected to the New York City Civil Court
16th William Rosenblatt* Dem./Lib.
17th Jeremiah B. Bloom* Dem./Lib.
18th William C. Thompson* Dem./Lib. on November 5, 1968, elected to the New York City Council
19th Samuel L. Greenberg* Dem./Lib.
20th Albert B. Lewis Democrat
21st William T. Conklin* Republican
22nd William J. Ferrall* Democrat
23rd John J. Marchi* Rep./Cons.
24th Paul P. E. Bookson* Democrat
25th Manfred Ohrenstein* Democrat
26th Whitney North Seymour, Jr.* Republican
27th Basil A. Paterson* Dem./Lib.
28th Joseph Zaretzki* Dem./Lib. Minority Leader
29th (Eugene Rodriguez) Democrat did not take his seat; on January 13, 1967, convicted of perjury and extortion[22]
Robert García* Democrat on March 28, 1967, elected to fill vacancy[23]
30th Harrison J. Goldin* Dem./Lib.
31st Ivan Warner Democrat on November 5, 1968, elected to the New York Supreme Court
32nd Abraham Bernstein* Dem./Lib.
33rd John D. Calandra* Rep./Cons.
34th John E. Flynn Republican
35th Anthony B. Gioffre* Republican
36th Bernard G. Gordon* Republican
37th D. Clinton Dominick III* Republican
38th Jay P. Rolison, Jr. Republican
39th Douglas Hudson* Republican
40th Julian B. Erway* Democrat
41st Dalwin J. Niles* Republican
42nd Ronald B. Stafford* Republican
43rd Hugh Douglas Barclay* Rep./Cons.
44th James H. Donovan* Republican
45th John H. Hughes* Republican Chairman of Judiciary
46th Tarky Lombardi, Jr.* Republican
47th Warren M. Anderson* Republican Chairman of Finance
48th William T. Smith* Republican
49th Theodore D. Day* Republican
50th Thomas Laverne* Republican
51st James E. Powers* Dem./Lib.
52nd Earl W. Brydges* Republican re-elected Temporary President
53rd William E. Adams* Republican
54th Thomas F. McGowan* Rep./Lib.
55th Frank J. Glinski* Dem./Lib.
56th James D. Griffin Democrat
57th James F. Hastings* Republican on November 5, 1968, elected to the 91st U.S. Congress

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* Dem./Cons.
4th Prescott B. Huntington* Republican
5th William L. Burns* Republican
6th John G. McCarthy* Republican
7th Joseph M. Reilly* Rep./Lib.
8th Martin Ginsberg* Republican
9th Francis P. McCloskey* Republican
10th Milton Jonas* Republican
11th Stanley Harwood* Democrat
12th Joseph M. Margiotta* Republican
13th John S. Thorp, Jr.* Dem./Lib.
14th Arthur J. Kremer* Democrat
15th Eli Wager* Democrat
16th George J. Farrell, Jr.* Republican
17th John E. Kingston* Republican
18th Vincent R. Balletta, Jr. Republican
19th Herbert A. Posner Democrat
20th Joseph J. Kunzeman* Republican
21st Martin Rodell* Dem./Lib.
22nd John T. Gallagher* Republican
23rd Leonard P. Stavisky* Dem./Lib.
24th Seymour Boyers Democrat
25th Moses M. Weinstein* Democrat Majority Leader; Acting Speaker from July 23, 1968[24]
26th Kenneth N. Browne* Democrat
27th Herbert J. Miller* Dem./Lib.
28th Alfred D. Lerner* Republican
29th Frederick D. Schmidt* Democrat
30th Stanley J. Pryor* Dem./Lib.
31st Sidney Lebowitz* Democrat
32nd Jules G. Sabbatino* Democrat Chairman of Military Affairs
33rd Thomas V. LaFauci* Democrat Chairman of Codes;
on November 7, 1967, elected to the New York City Civil Court
Joseph S. Calabretta Democrat on February 20, 1968, elected to fill vacancy
34th Thomas P. Cullen* Democrat died on January 24, 1968
35th Chester J. Straub Democrat
36th Rudolph F. DiBlasi Democrat
37th Samuel D. Wright* Democrat
38th Anthony J. Travia* Democrat re-elected Speaker; Chairman of Rules
appointed to the U.S. District Court for the Eastern D. of NY[25]
39th Leonard E. Yoswein* Democrat Chairman of Mental Hygiene
40th Alfred A. Lama* Democrat Chairman of Banks
41st Stanley Steingut* Democrat Chairman of General Laws
42nd Lawrence P. Murphy* Dem./Lib. Chairman of Mortgage and Real Estate
43rd George A. Cincotta* Democrat Chairman of Excise
44th Bertram L. Podell* Democrat Chairman of Local Finance;
on February 20, 1968, elected to the 90th U.S. Congress
45th Max M. Turshen* Democrat Chairman of Judiciary
46th Leonard M. Simon Democrat
47th Salvatore J. Grieco* Democrat
48th Joseph Kottler* Democrat Chairman of Penal Institutions
49th Dominick L. DiCarlo* Republican
50th Robert F. Kelly* Republican
51st Joseph S. Levine Democrat
52nd Joseph J. Dowd* Democrat Chairman of Commerce and Navigation
53rd William J. Giordano* Democrat
54th Gail Hellenbrand* Democrat
55th Shirley Chisholm* Democrat on November 5, 1968, elected to the 91st U.S. Congress
56th Bertram L. Baker* Democrat Chairman of Education
57th Harold W. Cohn* Democrat Chairman of Public Service
58th Lucio F. Russo* Rep./Cons.
59th Edward J. Amann, Jr.* Republican
60th Louis DeSalvio* Democrat Chairman of Insurance
61st Jerome W. Marks* Dem./Lib. Chairman of Aviation
62nd William F. Larkin Republican
63rd William F. Passannante* Democrat Chairman of Charitable and Religious Societies
64th John M. Burns* Republican
65th Jerome Kretchmer* Democrat Chairman of Housing
66th S. William Green* Republican
67th Albert H. Blumenthal* Democrat Chairman of Health
68th Frank G. Rossetti* Democrat Chairman of Labor and Industries
69th Daniel M. Kelly* Democrat Chairman of Taxation
70th Jose Ramos-Lopez* Dem./Lib. Chairman of Social Welfare and Relief;
on November 7, 1967, elected to the New York City Civil Court
Hulan E. Jack Democrat on February 20, 1968, elected to fill vacancy
71st Orest V. Maresca* Democrat Chairman of Affairs of the City of New York;
on November 5, 1968, elected to the New York City Civil Court
72nd Charles B. Rangel Dem./Lib.
73rd John J. Walsh* Democrat Chairman of Public Institutions
74th Mark T. Southall* Democrat Chairman of Printed and Engrossed Bills
75th Harry Kraf Democrat
76th Seymour Posner* Dem./Lib.
77th Robert García* Democrat resigned on April 17, 1967[26]
William Martinez Democrat on November 7, 1967, elected to fill vacancy
78th Edward A. Stevenson, Sr.* Democrat
79th Manuel Ramos Democrat
80th Ferdinand J. Mondello* Dem./Cons. Chairman of Revision
81st Robert Abrams* Democrat
82nd Alexander Chananau* Democrat Chairman of Civil Service
83rd Burton Hecht* Democrat Chairman of Claims
84th Benjamin Altman* Democrat
85th Anthony J. Mercorella* Dem./Lib.
86th Joseph A. Fusco Republican
87th Thomas J. McInerney* Dem./Lib.
88th George E. Van Cott* Republican
89th Alvin M. Suchin* Republican
90th Gordon W. Burrows* Republican
91st Joseph R. Pisani* Republican
92nd Richard A. Cerosky* Republican
93rd Peter R. Biondo* Republican
94th Joseph T. St. Lawrence* Dem./Lib.
95th Benjamin A. Gilman Republican
96th Gordon K. Cameron Democrat
97th Willis H. Stephens* Republican
98th Victor C. Waryas* Democrat Chairman of Agriculture
99th Kenneth L. Wilson* Republican
100th Clarence D. Lane* Republican
101st Neil W. Kelleher Republican
102nd Frank P. Cox* Democrat Chairman of Public Printing
103rd Harvey M. Lifset* Democrat Chairman of Ways and Means
104th Donald A. Campbell* Republican
105th Clark C. Wemple* Republican
106th Fred W. Droms, Jr. Republican
107th Lawrence E. Corbett, Jr.* Republican
108th Louis Wolfe* Democrat
109th Glenn H. Harris Republican
110th Edward J. Keenan Republican
111th Donald L. Taylor* Republican
112th Donald J. Mitchell* Republican
113th Edwyn E. Mason* Rep./Cons.
114th Harold I. Tyler* Republican died on November 23, 1967
Richard A. Brown Republican on January 16, 1968, elected to fill vacancy
115th William R. Sears* Rep./Lib.
116th John T. Buckley Republican
117th Edward F. Crawford* Republican
118th James J. Barry* Democrat Chairman of Affairs of Cities
119th Kenneth G. Bartlett Republican
120th Mortimer P. Gallivan Democrat
121st John H. Terry* Republican
122nd Louis H. Folmer* Republican
123rd Kenneth S. Leasure Republican
124th Francis J. Boland, Jr.* Republican
125th Constance E. Cook* Republican
126th L. Richard Marshall* Republican
127th Charles D. Henderson* Republican
128th Frederick L. Warder* Republican
129th Joseph C. Finley* Republican
130th Donald C. Shoemaker* Rep./Cons.
131st Raymond J. Lill Democrat
132nd S. William Rosenberg* Republican
133rd Frank A. Carroll Republican
134th Charles F. Stockmeister* Democrat Chairman of Conservation
135th Don W. Cook Republican
136th James L. Emery* Republican
137th V. Sumner Carroll* Republican
138th Gregory J. Pope* Dem./Cons. Chairman of Internal Affairs
139th Lloyd J. Long* Republican
140th James T. McFarland* Rep./Cons.
141st Chester R. Hardt* Republican
142nd Stephen R. Greco* Democrat Chairman of Pensions
143rd Arthur O. Eve Democrat
144th Albert J. Hausbeck* Democrat Chairman of Affairs of Villages
145th John B. Lis* Democrat Chairman of Motor Vehicles
146th Francis J. Griffin* Democrat Chairman of Canals and Waterways
147th Dorothy H. Rose* Dem./Lib.
148th Frank Walkley* Republican
149th Lloyd A. Russell Republican
150th Jess J. Present* 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. ↑ TOP STATE COURT EXTENDS DEADLINE ON REDISTRICTING in the New York Times on January 15, 1966 (subscription required)
  11. ↑ Court Picks 5 to Draft Remapping in the Utica Observer–Dispatch, of Utica, on February 23, 1966
  12. ↑ COMMISSION ENDS REDISTRICTING JOB in the New York Times on March 15, 1966 (subscription required)
  13. ↑ 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)
  14. ↑ MATTER JEROME T. ORANS at FindACase
  15. ↑ Reform Drive Opens in Albany, But Party Leaders Sidetrack It in the New York Times on January 5, 1967 (subscription required)
  16. ↑ LEGISLATURE SITS 21 HOURS IN FINALE in the New York Times on April 3, 1967 (subscription required)
  17. ↑ Invocation and Excerpts From Speeches at Opening of Constitutional Convention in the New York Times on April 5, 1967 (subscription required)
  18. ↑ STATE WILL VOTE ON CONSTITUTION AS A SINGLE ITEM; CONVENTION ENDS in the New York Times on September 27, 1967 (subscription required)
  19. ↑ GOVERNOR OPENS SESSION; SAYS VITAL NEEDS DEMAND A TAX RISE OF $500-MILLION in the New York Times on January 4, 1968 (subscription required)
  20. ↑ ALBANY APPROVES SCHOOL PROGRAM AND ENDS SESSION in the New York Times on May 26, 1968 (subscription required)
  21. ↑ PODELL'S VICTORY HAILED BY BAILEY in the New York Times on February 22, 1968 (subscription required)
  22. ↑ RODRIGUEZ GUILTY IN EXTORTION CASE in the New York Times on January 14, 1967 (subscription required)
  23. ↑ Garcia Wins Senate Seat Held by Rodriguez in the New York Times on March 29, 1967 (subscription required)
  24. ↑ Weinstein Sworn In as Acting Speaker in the New York Times on July 24, 1968 (subscription required)
  25. ↑ Travia was nominated by President Lyndon B. Johnson on April 25, 1968; was confirmed by the U.S. Senate on June 24; and received his commission on July 17.
  26. ↑ García was elected on March 28, 1967, to the State Senate, but retained his seat in the Assembly until the end of the session of 1967. He took his seat in the State Senate only at the beginning of the session of 1968.

Sources

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