laws violation in New York

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.

1940The claimants-appellants respondents contended that chapter 594 of the Laws of 1939 of the State of New York, effective July 1, 1939, (1) impairs the obligation of contracts and thus violates article 1, section 10, of the Constitution of the United States; (2) that said statute impairs the vested property rights of each of the claimants and deprives each of them of ■ just compensation both in violation of the Due Process Clause of the Fourteenth Amendment of the United States Constitution; (3) that said statute deprives the claimants of the equal protection of the laws in violation of the Equa

1988Plaintiffs last argument is that defendants’ affirmative action programs deprive plaintiff of equal protection of the laws in violation of NY Constitution, article I, § ll. 3 For equal protection purposes, remedial racial classifications must be subjected to strict judicial scrutiny, a standard that has unfortunately eluded precise definition (see, United States v Paradise, 480 US 149 , 107 S Ct 1053 ; Wygant v Jackson Bd. of Educ., 476 US 267, 284-285 [O’Connor, J., concurring]; Fulli love v Klutznick, 448 US 448, 491-492 , supra).

1988Plaintiffs last argument is that defendants’ affirmative action programs deprive plaintiff of equal protection of the laws in violation of NY Constitution, article I, § ll. 3 For equal protection purposes, remedial racial classifications must be subjected to strict judicial scrutiny, a standard that has unfortunately eluded precise definition (see, United States v Paradise, 480 US 149 , 107 S Ct 1053 ; Wygant v Jackson Bd. of Educ., 476 US 267, 284-285 [O’Connor, J., concurring]; Fulli love v Klutznick, 448 US 448, 491-492 , supra).

1988Plaintiffs last argument is that defendants’ affirmative action programs deprive plaintiff of equal protection of the laws in violation of NY Constitution, article I, § ll. 3 For equal protection purposes, remedial racial classifications must be subjected to strict judicial scrutiny, a standard that has unfortunately eluded precise definition (see, United States v Paradise, 480 US 149 , 107 S Ct 1053 ; Wygant v Jackson Bd. of Educ., 476 US 267, 284-285 [O’Connor, J., concurring]; Fulli love v Klutznick, 448 US 448, 491-492 , supra).

1969(Matter of Strauss v. Hannig, 256 App. Div. 662 , affd. 281 N. Y. 612 .) The lack of a provision for a formal hearing on a medical disqualification, moreover, does not constitute a denial of equal protection of the laws because such a hearing is provided for in other types of disqualification.

1969(Matter of Strauss v. Hannig, 256 App. Div. 662 , affd. 281 N. Y. 612 .) The lack of a provision for a formal hearing on a medical disqualification, moreover, does not constitute a denial of equal protection of the laws because such a hearing is provided for in other types of disqualification.

1965(See People v. Ballard, 134 N. Y. 269, 293 ; Matter of Lewis v. Lefkowitz, 32 Misc 2d 434 , affd. 17 A D 2d 778.) No basis is here shown for charging the State or City with being a party to the denial to the plaintiffs of the equal protection of the laws in violation of Federal or State constitutional guarantees.

1965In this action it is alleged: “ Because of the gross disparity in population among the municipalities represented on the Board of Supervisors as set forth * * * the present procedure under and by virtue of which each member of the Board of Supervisors casts one vote, results in an arbitrary impairment of the votes of the Plaintiffs and of all those similarly situated by means of an invidiously discriminatory geographic classification, which deprives Plaintiffs and all others similarly situated of liberty and property without due process of law and of the equal protection of the laws in violati

1965(See People v. Ballard, 134 N. Y. 269, 293 ; Matter of Lewis v. Lefkowitz, 32 Misc 2d 434 , affd. 17 A D 2d 778.) No basis is here shown for charging the State or City with being a party to the denial to the plaintiffs of the equal protection of the laws in violation of Federal or State constitutional guarantees.

1965In this action it is alleged: “ Because of the gross disparity in population among the municipalities represented on the Board of Supervisors as set forth * * * the present procedure under and by virtue of which each member of the Board of Supervisors casts one vote, results in an arbitrary impairment of the votes of the Plaintiffs and of all those similarly situated by means of an invidiously discriminatory geographic classification, which deprives Plaintiffs and all others similarly situated of liberty and property without due process of law and of the equal protection of the laws in violati

1965In this action it is alleged: “ Because of the gross disparity in population among the municipalities represented on the Board of Supervisors as set forth * * * the present procedure under and by virtue of which each member of the Board of Supervisors casts one vote, results in an arbitrary impairment of the votes of the Plaintiffs and of all those similarly situated by means of an invidiously discriminatory geographic classification, which deprives Plaintiffs and all others similarly situated of liberty and property without due process of law and of the equal protection of the laws in violati

1963(Turner Nurses Agency v. State of New York, 17 Misc 2d 273 .) The plaintiffs have completely failed to establish that the article under attack and its sections unjustly discriminate against schools and institutions rendering private day care and deny to them the equal protection of the laws in violation of the State and Federal Constitutions.

1954Rejecting these contentions, the Supreme Court held that the statute was not ‘ ‘ so arbitrary, unfair or wanting in reason as to result in a denial of due process ”, that it did not constitute an unlawful delegation of legislative power, and that it satisfied the test of equal protection of the laws guaranteed by the Fourteenth Amendment (Old Dearborn Co. v. Seagram Corp., 299 U. S. 183 ).

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.

1946We turn now to the question whether the amendment does violate the Constitution of the United States by denying the equal protection of the laws to the persons within the State In Matter of Barthelmess v. Cukor ( 231 N. Y. 435 ) the court held unconstitutional chapter 282 of the Laws of 1920, which attempted to confer a preference in promotion to members of the State civil service who took and passed a promotion examination while in the military or naval service and to persons who took and passed such examination and thereafter entered the military or naval service.

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.

1946Fertilizer Assn. v. Bradley, 301 U. S. 178 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497 ; Heath & Milligan Co. v. Worst, 207 U. S. 338 ; Plumley v. Massachusetts, 155 U. S. 461 ), and the equal protection of the laws clause (People v. Teuscher, 248 N. Y. 454 ; Matter of City of New York [Bronx River Parkway], 284 N. Y. 48 ; Matter of Stracquadanio v. Department of Health, 285 N. Y. 93 ); and it does not constitute an invalid delegation of legislative power.