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

New York Court of Appeals July 3, 1973

People v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO, 33 N.Y.2d 582 (N.Y. 1973)

301 N.E.2d 434; 347 N.Y.S.2d 451; 1973 N.Y. LEXIS 1078; 85 L.R.R.M. (BNA) 2765

Opinion of the Court

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 *584of 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.

Reference

Full Case Name: The People of the State of New York v. Local 365 Cemetery Workers Green Attendants Building Service Union-Employees International AFL-CIO
Cited By: 1 case
Status: Published