Bloom v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Bloom v. New York City Transit Authority

19 A.D.2d 521, 240 N.Y.S.2d 124, 1963 N.Y. App. Div. LEXIS 3773

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 1963

StatusPublished

Cited by2 cases

This text of 19 A.D.2d 521 (Bloom v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bloom v. New York City Transit Authority, 19 A.D.2d 521, 240 N.Y.S.2d 124, 1963 N.Y. App. Div. LEXIS 3773 (N.Y. Ct. App. 1963).

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Opinion

Order entered on October 17, 1961, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion to compel acceptance of notice of claim pursuant to section 50-e of the General Municipal Law as timely served, denied. The legislative history indicates that a day of religious observance is not to be deemed a public holiday unless so proclaimed by the President or the Governor. (See L. 1875, eh. 27; L. 1887, eh. 289; L. 1889, ch. 198; Code Civ. Pro., § 3343, subd. 21 [1901]; L. 1892, ch. 677, § 24; General Construction Law, § 24; Executive Law, § 7.) An interpretation of the statute to bring all days of general religious observance within the statutory definition of a holiday, without requirement of executive proclamation, would lead to confusion and indefiniteness in the application of the statute. A construction, having this result, is to be avoided where, as here, it is not plainly indicated. (McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 143.) Concur — Breitel, J. P., Rabin, McNally, Eager and Bastow, JJ. [31 Misc 2d 805.]

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Order entered on October 17, 1961, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion to compel acceptance of notice of claim pursuant to section 50-e of the General Municipal Law as timely served, denied. The legislative history indicates that a day of religious observance is not to be deemed a public holiday unless so proclaimed by the President or the Governor. (See L. 1875, eh. 27; L. 1887, eh. 289; L. 1889, ch. 198; Code Civ. Pro., § 3343, subd. 21 [1901]; L. 1892, ch. 677, § 24; General Construction Law, § 24; Executive Law, § 7.) An interpretation of the statute to bring all days of general religious observance within the statutory definition of a holiday, without requirement of executive proclamation, would lead to confusion and indefiniteness in the application of the statute. A construction, having this result, is to be avoided where, as here, it is not plainly indicated. (McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 143.) Concur — Breitel, J. P., Rabin, McNally, Eager and Bastow, JJ. [31 Misc 2d 805.]

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Bluebook (online)

19 A.D.2d 521, 240 N.Y.S.2d 124, 1963 N.Y. App. Div. LEXIS 3773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloom-v-new-york-city-transit-authority-nyappdiv-1963.

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