BLAIR v. DU MOND


200 Misc. 1036 (1951)

Edna Von R. Blair, Plaintiff, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets, et al., Defendants.

Supreme Court, Special Term, Albany County.

November 23, 1951.


Attorney(s) appearing for the Case

Sherman S. Rogers for plaintiff.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Ruth Kessler Toch of counsel), for C. Chester Du Mond, defendant.

Thomas P. Kennedy, County Attorney, for H. S. Johnson, Jr., as Chairman of the Columbia County Board of Supervisors, defendant.


ELSWORTH, J.

The relief sought in this action is a judgment declaring that section 115 of the Agriculture and Markets Law of the State of New York, pertaining to the night quarantine of dogs, is unconstitutional, and restraining its enforcement against the plaintiff. The section, which was originated in 1917, provides in its present form as enacted in 1929 (L. 1929, ch. 173), in part as follows: "The commissioner...

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