The Berkshire Eagle from Pittsfield, Massachusetts • 51

THE NEW YORK TIMES TUESDAY, JUNE 16, 1970 JL Invalidation of 70 Ballot Law Is Upheld Boari Held By Brooklyn Group To Be Hiding Data By LAWRENCE VAN GELDER Special to The New York Time tion to New York City and only to the June primary The out and made different from other communities in the state. a news conference in the offices off the New York Civil Liberties Union, Dan Dobin, director of the Brooklyn Education Task Force, and Civil Liberties Union officials said they were studying the possibility of bringing legal action to assure rights of parents, voters and to obtain information the operation of the New City Board of Education. Dobin leveled his charges Mr. Bergtraum, Acting Superintendent Irving deputy superintendents Land and Seelig Lester, City Controllers office the Board of Education Martha B. Rockefeller, was listed for $205,000, and the rest was attributed to brothers, a sister, Abby, and their spopses-Although it is generaUy assumed that only candidates involved in primary contests must file such reports-, before the primary elections, jfrftJiing in the law prohibited thd Governors report Backed in Connecticut-Race WILTON, June 15-William H.

Bonvillian of Signal Hill, a 23-year-old Yale Divinity School student, has received the Democratic party endorsement for Statq Representative from the 162d Assembly District His opponent is expected to be 28-year-old Georgd frustrated In gaining access to school records of their children, Mr. Bergtraum said the charges created an aura of suspicion where suspicion is not warranted. He said the board has a policy of making all information available to the public including the costs of running school districts, budgets for districts, and school-byschool costs. Actual financial documents such as checks and vouchers, Mr. Bergtraum continued, are available to the city, state.

Board of Education, school officials, and to city, state and Federal auditing agencies but not to anyone who walks in from the streets. Governor Reports $373,000 In Campaign Costs So Far Sjxdal to Tl New York Times ALBANY, June 15 Governor Rockefeller, without opposition in gaining the Republican nomination for a fourth term in office, has listed political expenditures of $373,000 in a report to New Yorks Department of State. A detailed statement filed by the Committee for Nomination of the Rockefeller Team shows that the expenditures have been made since last December and were mainly for office expenses and the salaries of campaign aides. Most of the money $358,000 came from the Governors family. His stepmother, Mrs.

Before Justice Lanes decision the Board of Elections had held drawings to determine positions on the ballot for candidates. The same system had been used by the cjty in the past for other races, but was changed by the legislation that now has been invalidated. (In today's court decision, Judge John Sdleppi and Judge Adrian Burke disagreed with the majority. They held that no significant advantage fell to a candidate listed ahead of his challengers. court finds that the legislation in its present form is violative of basic constitutional principles.

The legislation was defended by, the office of State Attorney General Louis J. Lefkowitz, who noted that his office was required by law to defend the constitutionality of any measure passed by the Legislature. Objection to the legislation was embodied in contentions that challengers for office were denied equal protection under the State Constitution and that New York City had been singled The Brooklyn Education Task Force, a group of private citizens, issued a report yesterday charging high officials of the Board of Education with conspiring to conceal financial data and other information from the public. Murry Bergtraum, presidentelect of the board, denounced the charges as -utterly fantastic and said, "I just dont know how to respond tojofnce. this nonsense.

The report was distributed at the taxpayers about York Mr. against School Anker, Theodore the and Mr. parents Ddbin also charged that were being continually At all offices of The Lincoln Savings Bank in person or by mail. ALBANY, June 15 The Court of Appeals upheld today the invalidation by a lower court of legislation that automatically allocated to incumbent the top line on ballots in the primary election next Tuesday in New York City. Without opinion and by a vote of 5-to-2, the states highest court sustained State Supreme Court Justice Myles J.

Lane in his June 5 decision negating a 1970 law that was enacted on the final day of the legislative session and restricted in its effect to New York City. In declaring the law unconstitutional, Justice Lane directed the citys Board of Elections to determine all ballot positions by lot, observing that a candidate occupying the first position on a ballot had a distinct advantage. Neither Justice Lanes deci sion nor the legislation affected Congressional primary contests, as they are considered Federal rather than state elections. The legislation was challenged 3 behalf of 43 candidates for legislative seats district leaderships and other posts. The petitioner in the suit was Eliza-beth Holtzman, a candidate for Democratic state committee-woman in the 44th Assembly District, in the Flatbush section of Brooklyn.

Favoritism Cited In his opinion. Justice Lane said: There is no rational basis for' affording such favortism to a candidate merely on the basis of his having been successful at a prior election. The odium of tiie legislation is further enhanced by its restric- Choose one of these free gifts for a new account, savings certificate or additional deposit Off $5,000 or more Choose one of these free gifts for a new account, savings certificate or additional deposit of $500 or more SUNBEAM Family-Size Coffee Percolator. Polished aluminum. Strength selector for mild to strong coffee.

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Has built-in trimmer. MAIL THIS COUPON NOW THE LINCOLN SAVINGS BANK, BO. Box 130, Brooklyn, N.Y Ml- J'l ($5,000 or more) ($500 or more) for deposit I Ink Mleau deilred MOritF. I wish to invest In the following type of savings 6 a year 2 to 5 year Savings THY CITY OF NEW YORK BOUSING AND DEVELOPMENT ADMINISTRATION PUBLIC NOTICE Pumuat to Sactloa 105 () of to Hout-ini Act at IMS, amended and supplt-Bunted, aubdivlslon I (d) of Section 507 Article 15 of toe General Municipal law, unended, end subdivision I of Section 578-a of the Private Houslnf Finance Law, aa amended, notice Is hereby fivtn that the City of New York has a proposal from toe Brownsville Houslnf Development Fund Corporation, havlnf Us principal office at 1437 Stratus Street. Brooklyn.

New York to enter Into A Contract of Sale for the purchase of land In a project designated as the Brownsville Urban Renewal Project, whose boundaries as Livonia Avenue, Stone Avenue, New Lots Avenue, Hegeman Avenue, and Rocka way Avenue, under Title I of toe Housing Act of 1949, as amended and supplemented, comprising an area of approximately 192,119 square feet, consisting of all of Tax Block 3629, the former roadbed of Watkins Street between New Lots Avenue and Lott Avenue, and the easterly half plus the remaining northerly frtmtate on Lott Avenue of Tax Block 3626. Such ares la designated as Sits 5, and Is generally located between Lott Avenue, Stone Avenue, New Lots Avenue, Hegeman Avenue, and Osborn Street thereinafter referred to as toe Houslnf Site) In toe approved Urban Renewal Plan for tot Brown svllla Urban Renewal Area; which area la located In the Borough of Brooklyn, aty and Stats of New York. The Board of Estlmata of tha City of Naw York proposes to consider authorisation of the execution of the proposed Contract of sale on or after June 18, 1970. Said Brownsville Housing Development Fund Corporation has filed with The Houslnf and Development Administration a Redeveloper's Statement for Public Disclosure In the form prescribed by tha Department of Houslnf and Urban Development pursuant to Section 105 (e) of the Houslnf Act of 1940, as amended and supplemented, ldentilylnf Its officers and principal members as follows; Henry C. R.

Fuller, Chairman, Board ef Directors, 415 Hersl Bklyn. N.Y. 11212; Joseph Jeffrles-El, President, 1700 Bedford Bklyn, NY. 11225; Wilbert Clarke-Bey, Secretary, 297 Dumont Bklyn, N.Y. 11212; Fred Wilson, Treasurer, 830 Dumont Ave.

Bklyn, N.Y. 11212; Joseph Francois, 1st Ties President, 144 Hopklnsoo Bklyn, N.Y. 11212; Kenneth Douflas-Bey, 2nd Vice President 06 E. 180 St, Bronx, N.Y. 10462.

It Is proposed that Brownsville Houslnf Development Fund Corporation, upon tak-faif title to said property by meant ef a barrels and sale deed, win proceed to redevelop same for uses In accordance with the Contract of Sale and toe requirements of the approved Urban Renewal Plan which provides that suds uses shall be for tha constnsetloa btreoa of asuld-famlly dwsU Unfa. The Redeveloper't Statement for Public Dlsdoeure of said Brownsville Houslnf Development Fund Corporation, and the proposed contract to be entered Into between the City ef New York, and said Brownsville Houslnf Development Fund Corporation, are available for public examination at the office of the Houslnf and Development Administration in Room 9217, loo Gold Street, in toe Borough of Manhattan, City and Stats of New York, during Its regular hours on weak days from 5:00 AM. to 5:00 PM. The Housing and Development Administration has found- Brownsville Housing Development Fund Corporation qualified and eligible to purchase and redevelop said Houslnf Site, and subject to the approval of the Board of Estimate, has designated ft as a qualified and eligible sponsor for such purposes pursuant to Its rules And procedures. Tht sstl mated total cost of the proposed housing project Is the estimated average monthly rental la per room, Pursuant to -subsection (d) of subdivision 9 of Section 507 of Article 15 of the General Municipal Law, notice la hereby given that the essential terms of such proposed sale are as follows; The price at which the Housing Site Is to be Sold la (192,500.00 payable as follows: (10.00 on execution and delivery ef tne Contract of Sale which shall take place on or after 1970.

(192.480.00 on execution and delivery of the bargain and sale deed. Balance In accordance with toe provisions of the Contract of Sale. 2. The purchaser shall be required to develop toe Housing Site In accordance with toe controls set forth In the approved. Urban Renewal Plan for the Brownsville Urban Renewal Area and In accordance with the proposed Contract ef Sale hereinafter referred to.

-The purchaser shall be required to begin construction within 6 months from the time title la taken to the Houslnf Site. Construction of the Improvements on the Housing Site shall be completed within the time fixed In the Contract of Sale approved by the Housing and Development Administration and the federal Department of Housing and Urban Development, except as otherwise provided In said Contract of Sale. Please Take Notice that a public hearing will be held on the 18th day of June, 1970 before the Board of Estimate of the City of New York; In City Hall, at the City Hall Park In the Borough of Manhattan, at 10:00 oclock In the forenoon of that day, or as soon thereafter as the matter may be reached on the calendar for that day, at which time and place the proposed disposition, agreement will be available for public examination and tooee wishing to be heard will be given the opportunity to be beard on a proposed resolution determining that the Board of Estimate elects to proceed with the disposition of the Houslpg Site pursusnt to the provisions of Article 15 of the General Municipal Law of the State of New York; that the proposed tale and Contract of Sale are satisfactory and approved; that execution thereof Is directed; that the sale and disposition of tht property at the pries fixed in tht Contract of Sale, without public auction sealed bids. Is tht spproprlate method of making the Housing Sits avall-abls for redevelopment; that the proposed purchaser possesses the qualifications and financial resources necessary to acquire and redevelop the property In accordance With tht approved Urban Renewal Plan; that the designation by the Housing and Development Administration of Brownsville Housing Development Fund Corporation as a qualified and eligible sponsor Is approved: that the proposed price Is satisfactory and not less than the fair market value of the property for use for housing for Individuals and families of low and moderate Income; that title to the Housing Site Is to pass to the Purchaser in accordance with the terms of th aforesaid Contract of Sale with redevelopment to be completed In sc conjunct with the provisions of the afore said Contract of Sals. Dated: New York, New York V-wq CITY OF NEW YORK KsSING and DEVELOPMENT administration SUSERT- A.

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