Judge Rules Referendum on Staten Island Navy Base Unconstitutional, Prohibits Vote
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NEW YORK — A referendum against a proposed Navy base on Staten Island was ordered off the ballot Wednesday by a judge who said it was not New York City’s place to overrule the federal government.
State Supreme Court Justice Charles A. Kuffner Jr. ruled the referendum unconstitutional and enjoined the Board of Elections from placing it on the November ballot.
“The city of New York alone should not be permitted to compel the Navy to change its decisions when they relate to military strategy, like the tail wagging the proverbial dog,” Kuffner said.
David Lerner, a spokesman for the Center for Constitutional Rights, which represents the petitioners, said the ruling would be appealed. Supreme Court is New York state’s trial-level court.
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