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

33 N.Y.2d 582 Court N.Y. Decision date 1973-07-03 English

Contents

Majority

p. 582
The People of the State of New York, Respondent v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO et al., Appellants.
Argued July 2, 1973;
decided July 3, 1973.
p. 583
John B. Harold for appellants.
Louis J. Lefhowits, Attorney-General (Irving Galt, Herbert J. Wallenstein and Bonald Cohen of counsel), for respondent.

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

p. 584
of 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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