New York Court of Appeals, 1957

Murtha v. Monaghan

Murtha v. Monaghan
New York Court of Appeals · Decided July 3, 1957
3 N.Y.2d 880; 145 N.E.2d 181; 166 N.Y.S.2d 504; 1957 N.Y. LEXIS 959

Murtha v. Monaghan

Opinion of the Court

" Motion for reargument denied Motion to amend remittitur granted. Return of remittitur requested and, when r¿turned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, as follows: Appellant argued that the provisions of section-63 of the Pari-Mutuel Revenue Law (§ 40, as amd.; L. 1940, ch. 254, as amd.) are void as being violative of the Fourteenth Amendment, insofar as they prohibit appellant, as a public employee, from obtaining a license as a mutuel clerk at Roosevelt Raceway. The Court of Appeals held that the rights of appellant under the Fourteenth Amendment had not been violated.or denied. [See 2 N Y 2d 819.]

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