Olszewski v. Council of the Hempstead Fire Department

Appellate Division of the Supreme Court of New York

Olszewski v. Council of the Hempstead Fire Department

41 A.D.2d 968, 344 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 4348

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1973·Published·Cited by 1 cases

Opinion

In consolidated actions inter alla for a judgment declaring unconstitutional a by-law of the Hempstead Eire Department, regulating facial hair and its length of members of said Department, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered July 14, 1972, which dismissed the complaint, after a nonjury trial. Judgment reversed, on the law, with costs to respondents, and it is declared that the subject by-law is constitutional and valid. Special Term correctly determined that the attack upon the constitutionality and validity of the subject by-law had no merit and properly sustained the validity of the by-law. However, Special Term was in error in dismissing the complaint merely because plaintiffs were not entitled to a declaration in their favor. A declaration should have been made in favor of defendants {Langa v. Wagner, 11 N Y 2d 317). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur. [70 Misc 2d 603.]

Free access — add to your briefcase to read the full text and ask questions with AI

In consolidated actions inter alla for a judgment declaring unconstitutional a by-law of the Hempstead Eire Department, regulating facial hair and its length of members of said Department, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered July 14, 1972, which dismissed the complaint, after a nonjury trial. Judgment reversed, on the law, with costs to respondents, and it is declared that the subject by-law is constitutional and valid. Special Term correctly determined that the attack upon the constitutionality and validity of the subject by-law had no merit and properly sustained the validity of the by-law. However, Special Term was in error in dismissing the complaint merely because plaintiffs were not entitled to a declaration in their favor. A declaration should have been made in favor of defendants {Langa v. Wagner, 11 N Y 2d 317). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur. [70 Misc 2d 603.]

Olszewski v. Council of the Hempstead Fire Department, 41 A.D.2d 968, 344 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 4348 (N.Y. Ct. App. 1973).

Pincite

41 A.D.2d 968 (Olszewski v. Council of the Hempstead Fire Department) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related