Brooklyn, NY (WIBX) - A three judge panel is about to decide if a lawsuit challenging the state's newly drawn district map, has enough merit to move on to hear oral arguments. The lawsuit, Cohen v. Cuomo, will be heard in a Brooklyn federal court room tomorrow.

The lead plaintiff is State Democratic Committeeman for the 69th Assembly District, Daniel Marks Cohen. Cohen alleges that the new map, including the method used to redraw the districts, is unconstitutional. He says the system used to draw the district lines is woefully out of date. "And, totally irrespective of voters intent. We should have an independent panel that should draw the lines. There's been litigation about the district lines, the state senate lines every ten years after the census, as far back as fifty years. It's time for it to stop, we need a new way to be able to redraw the lines in the state senate and to draw all of the legislative lines in New York State," he said.

He says republicans adding a 63rd seat in the 62-member chamber, is nothing more than a power grab. If the new map is found to be unconstitutional after oral arguments are heard on Thursday, 4/26, republicans will have 30 days to come up with a new 62-seat plan. And, Cohen says the three judge federal panel who recently oversaw the redrawing of the state's congressional lines, stand ready to oversee the redrawing of the state senate lines, to ensure they comply with the Voting Rights Act.