Mazzarella v. Kern

Appellate Division of the Supreme Court of New York

Mazzarella v. Kern

260 A.D. 1012, 24 N.Y.S.2d 26, 1940 N.Y. App. Div. LEXIS 5838

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

DecidedDecember 20, 1940

StatusPublished

This text of 260 A.D. 1012 (Mazzarella v. Kern) 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

Mazzarella v. Kern, 260 A.D. 1012, 24 N.Y.S.2d 26, 1940 N.Y. App. Div. LEXIS 5838 (N.Y. Ct. App. 1940).

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Opinion

Cohn, J.

(dissenting). The Wicks Law (Laws of 1939, chap. 927, § 2) requires an affirmative act by an alien employee, within six months after the act takes effect, evidencing his intention in good faith to become a citizen. The apparent purpose of the Legislature was to confer upon aliens in the employ of privately operated subway lines a privilege to continue in employment if the transit facilities are acquired by a public agency, upon qualifying themselves for citizenship. In filing his application expressing a desire to declare his intention to become a citizen in accordance with the Naturalization Law, appellant, in my opinion, complied with the statute. The expression “ shall have filed declarations of intention to become citizens ” was obviously not intended by the State lawmakers to be interpreted in the technical sense in which Congress would use such language in a naturalization statute.

The order should be reversed and the application should be granted to the extent of restraining respondents from dismissing the appellant.

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Cohn, J.

(dissenting). The Wicks Law (Laws of 1939, chap. 927, § 2) requires an affirmative act by an alien employee, within six months after the act takes effect, evidencing his intention in good faith to become a citizen. The apparent purpose of the Legislature was to confer upon aliens in the employ of privately operated subway lines a privilege to continue in employment if the transit facilities are acquired by a public agency, upon qualifying themselves for citizenship. In filing his application expressing a desire to declare his intention to become a citizen in accordance with the Naturalization Law, appellant, in my opinion, complied with the statute. The expression “ shall have filed declarations of intention to become citizens ” was obviously not intended by the State lawmakers to be interpreted in the technical sense in which Congress would use such language in a naturalization statute.

The order should be reversed and the application should be granted to the extent of restraining respondents from dismissing the appellant.

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Bluebook (online)

260 A.D. 1012, 24 N.Y.S.2d 26, 1940 N.Y. App. Div. LEXIS 5838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzarella-v-kern-nyappdiv-1940.