MATTER OF BERGERMAN v. GEROSA


2 A.D.2d 659 (1956)

In the Matter of Milton M. Bergerman, Individually and as Chairman of Citizens Union of the City of New York, Respondent, v. Lawrence E. Gerosa, as Comptroller of The City of New York, et al., Appellants, and James J. Lyons, Intervenor-Appellant

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

June 5, 1956


Order appealed from affirmed.

FRANK, J. (dissenting).

One of the prime questions posed in this article 78 proceeding is the constitutionality of section 842 of the Laws of 1955. Special Term held in effect that the statute was valid under all the provisions of the Constitution save section 10 of article IX (formerly art. III, § 28). It must be assumed that the majority in affirming holds similarly. The section of the Constitution referred...

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