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BURMASTER v. STATE OF NEW YORK

7 N.Y.2d 65 (1959)

Izora S. Burmaster, Respondent, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (M. James Conboy and Edward L. Bookstein of counsel), for appellant.

John T. De Graff, Harold Soden and Carroll J. Mealey for respondent.

Chief Judge CONWAY and Judges DESMOND, FROESSEL and BURKE concur with Judge FULD; Judge DYE dissents in an opinion in which Judge VAN VOORHIS concurs.

FULD, J.

In April of 1950, after receiving a letter from the Director of the Conservation Department, the Superintendent of the Law Enforcement Bureau sent a memorandum to the District Game Protectors under his supervision. Insofar as relevant, the communication called upon its recipients, among whom was Ray Burmaster, to discontinue "carrying members of their family to or from their respective places of business...

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