
    (June 25, 1971)
    Nedda R. Honig, on Behalf of Herself and All Other Residents of the County of Rensselaer, Similarly Situated, Respondent, v. Rensselaer County Legislature, Appellant, and City of Thoy et al., Intervenors-Respondents.
   Appeal from a judgment of the Supreme Court at Special Term, entered June 17, 1971 in Rensselaer County, which rejected a plan for reapportionment adopted and submitted by the Rensselaer County Legislature pursuant to a prior direction of the court and approved a plan submitted by plaintiff as an interim measure. While a plan adopted by the representative body is preferable, the Legislature’s plan was properly rejected in that its population figures for districts 2 and 3 were not based on a Federal census (Seaman v. Fedourich, 16 N Y 2d 94, 104; Thayer v. Garraghan, 28 A D 2d 584). The plan approved is not constitutionally defective because of the minor population variance involved (Abate v. Mundt, 25 N Y 2d 309, affd. 403 U. S. 182). Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Sweeney and Simons, JJ., concur.  