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Association of Personnel Agencies of New York, Inc. v. Ross

43 N.Y.2d 873 Court N.Y. Decision date 1978-02-07 English

Contents

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p. 873
Association of Personnel Agencies of New York, Inc., et al., Appellants, v Philip Ross, as Industrial Commissioner of the State of New York, et al., Respondents.
Argued January 9, 1978;
decided February 7, 1978
p. 874
APPEARANCES OF COUNSEL
A. Bernard Frechtman and Joel A. Klarreich for appellants.
Louis J. Lefkowitz, Attorney-General (Arnold D. Fleischer, Samuel A. Hirshowitz and George D. Zuckerman of counsel), for Philip Ross, as Industrial Commissioner of the State of New York, respondent.

OPINION OF THE COURT

Memorandum.

We agree with Special Term that subdivisions (15), (16) and (17) of section 187 and section 190 of the General Business Law do not violate the equal protection clauses of the State and Federal Constitutions. It was not irrational for the Legislature to provide that those employment agencies which require special supervision and licensing by the State may be subject to penal sanctions if they engage in sexual discrimination or other specified illegal acts.

Accordingly, the judgment of Special Term, declaring the statutes constitutional, should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment affirmed, with costs, in a memorandum.

Statutes and regulations cited