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EVANS v. CAREY

40 N.Y.2d 1008 (1976)

James T. Evans et al., Appellants, v. Hugh L. Carey, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Charles R. Sandler and Ronald L. Jaros for appellants.

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), for respondents.

Concur: Judges JASEN, JONES, WACHTLER, COOKE and Chief Judge BREITEL and Judges GABRIELLI and FUCHSBERG.

MEMORANDUM.

We affirm the order of the Appellate Division and its upholding of the constitutionality of Executive Order No. 10 (9 NYCRR 3.10). In such affirmance we, as did the Appellate Division, distinguish Griswold v Connecticut (381 U.S. 479), a case which recognized and broadly delineated a right to privacy but in a vastly different situation. Rather than rely on such cases as California Bankers Assn. v Shultz (

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