Wells v. State of New York

Appellate Division of the Supreme Court of New York

Wells v. State of New York

134 A.D.2d 874, 521 N.Y.S.2d 604, 1987 N.Y. App. Div. LEXIS 51060

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

DecidedNovember 10, 1987

StatusPublished

Cited by3 cases

This text of 134 A.D.2d 874 (Wells v. State of New York) 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

Wells v. State of New York, 134 A.D.2d 874, 521 N.Y.S.2d 604, 1987 N.Y. App. Div. LEXIS 51060 (N.Y. Ct. App. 1987).

Pincite

Opinion

— Judgment unanimously affirmed with costs. Memorandum: In this declaratory judgment action, plaintiff challenged the constitutionality of the seat belt law (Vehicle and Traffic Law § 1229-c). It is well established that "every [875]*875legislative enactment enjoys a strong presumption of constitutionality which, although rebuttable, requires the challenging party to demonstrate that the enactment is unconstitutional beyond a reasonable doubt” (Pharmaceutical Mfrs. Assn. v Whalen, 54 NY2d 486, 493; Health Ins. Assn. v Harnett, 44 NY2d 302, 310). The bare attorney’s affidavit furnished by plaintiff claiming that the seat belt law is unconstitutional was insufficient to overcome the presumption of constitutionality. (Appeal from judgment of Supreme Court, Steuben County, Tillman, J. — summary judgment.) Present — Callahan, J. P., Doerr, Boomer, Green and Pine, JJ. [See, 130 Misc 2d 113.]

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

— Judgment unanimously affirmed with costs. Memorandum: In this declaratory judgment action, plaintiff challenged the constitutionality of the seat belt law (Vehicle and Traffic Law § 1229-c). It is well established that "every [875]*875legislative enactment enjoys a strong presumption of constitutionality which, although rebuttable, requires the challenging party to demonstrate that the enactment is unconstitutional beyond a reasonable doubt” (Pharmaceutical Mfrs. Assn. v Whalen, 54 NY2d 486, 493; Health Ins. Assn. v Harnett, 44 NY2d 302, 310). The bare attorney’s affidavit furnished by plaintiff claiming that the seat belt law is unconstitutional was insufficient to overcome the presumption of constitutionality. (Appeal from judgment of Supreme Court, Steuben County, Tillman, J. — summary judgment.) Present — Callahan, J. P., Doerr, Boomer, Green and Pine, JJ. [See, 130 Misc 2d 113.]

Cite This Page — Counsel Stack

Bluebook (online)

134 A.D.2d 874, 521 N.Y.S.2d 604, 1987 N.Y. App. Div. LEXIS 51060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-of-new-york-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack