People v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO

New York Court of Appeals

People v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO

301 N.E.2d 434, 33 N.Y.2d 582, 347 N.Y.S.2d 451, 1973 N.Y. LEXIS 1078, 85 L.R.R.M. (BNA) 2765

CourtNew York Court of Appeals

DecidedJuly 3, 1973

StatusPublished

Cited by1 cases

This text of 301 N.E.2d 434 (People v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO, 301 N.E.2d 434, 33 N.Y.2d 582, 347 N.Y.S.2d 451, 1973 N.Y. LEXIS 1078, 85 L.R.R.M. (BNA) 2765 (N.Y. 1973).

Pincite

Opinion

Order affirmed, without costs. Question certified answered in the affirmative. Defendant-appellant’s arguments concerning deprivation of due process and discriminatory action are refuted by our decisions in Mount St. Mary’s Hosp. v. Catherwood (26 N Y 2d 493, mot. for rearg. den. 27 N Y 2d 737) and People v. Ditniak (28 N Y 2d 74). Neither is there improper delegation of legislative power (Chiropractic Assn. of N. Y. v. Hilleboe, 12 N Y 2d 109; Matter of City of Utica v. Water Pollution Control Bd., 5 N Y 2d 164; Paterson v. University of State of N. Y., 14 N Y 2d 432). There was ample evidence at Special Term [584]*584of an emergency situation so that the application of the subject statute in this case cannot be deemed arbitrary.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.

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Order affirmed, without costs. Question certified answered in the affirmative. Defendant-appellant’s arguments concerning deprivation of due process and discriminatory action are refuted by our decisions in Mount St. Mary’s Hosp. v. Catherwood (26 N Y 2d 493, mot. for rearg. den. 27 N Y 2d 737) and People v. Ditniak (28 N Y 2d 74). Neither is there improper delegation of legislative power (Chiropractic Assn. of N. Y. v. Hilleboe, 12 N Y 2d 109; Matter of City of Utica v. Water Pollution Control Bd., 5 N Y 2d 164; Paterson v. University of State of N. Y., 14 N Y 2d 432). There was ample evidence at Special Term [584]*584of an emergency situation so that the application of the subject statute in this case cannot be deemed arbitrary.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.

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301 N.E.2d 434, 33 N.Y.2d 582, 347 N.Y.S.2d 451, 1973 N.Y. LEXIS 1078, 85 L.R.R.M. (BNA) 2765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-local-365-cemetery-workers-green-attendants-building-service-ny-1973.

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