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Barber v. Dembroski

54 N.Y.2d 648 Court N.Y. Decision date 1981-06-29 English

Contents

Majority

p. 648
J. Roger Barber, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v Joseph J. Dembroski et al., Appellants.
p. 649
Argued June 9, 1981;
decided June 29, 1981
p. 650
APPEARANCES OF COUNSEL
Bernard Evans Harwith and Norman Kellar for appellants.
Dennis P. Buckley and Thomas G. Conway for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Appellants’ contentions that the statute and implementing order violates the First Amendment of the United.States Constitution and section 7 of article VII of the New York Constitution were not raised in his answer and thus are not reviewable in this court. We find no merit to the appellant’s other contentions.

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

Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.

Statutes and regulations cited