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MATTER OF LERNER v. CASEY

2 A.D.2d 1 (1956)

In the Matter of Max Lerner, Appellant, v. Hugh J. Casey et al., Constituting The New York City Transit Authority, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1956.

Attorney(s) appearing for the Case

Leonard B. Boudin for appellant.

Daniel T. Scannell and Edward L. Cox, Jr., for respondents.

Jacob K. Javits, Attorney-General (James O. Moore, Jr., and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

NOLAN, P. J., MURPHY and KLEINFELD, JJ., concur with UGHETTA, J.; BELDOCK, J., dissents and votes to reverse the order and to reinstate appellant, in opinion.

UGHETTA, J.

With the outbreak of hostilities in Korea in 1950, the world's attention was rudely focused on the increasing audacity of the communist conspiracy, by force or by guile, to accomplish its long-announced aim of taking over the free world. The Legislature, early in its next session, accordingly enacted chapter 233 of the Laws of 1951, effective March 24, 1951, hereinafter referred to as the "Security Risk...

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