New York Court of Appeals, 1963

Gaynor v. New York State Harness Racing Commission

Gaynor v. New York State Harness Racing Commission
New York Court of Appeals · Decided May 2, 1963
13 N.Y.2d 649; 191 N.E.2d 293

Gaynor v. New York State Harness Racing Commission

Opinion of the Court

Motion to amend remittitur granted. Return of remittitur requested and, when returned, 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 (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. The Court of Appeals held that, since appellant could not bring himself within subdivision 6 of section 63, he had no standing to challenge the constitutionality of that subdivision, not being aggrieved- thereby. [See 12 N Y 2d 973.]

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