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PEOPLE v. HEINE

9 N.Y.2d 925 (1961)

The People of the State of New York, Respondent, v. Arthur Heine, Appellant.

Court of Appeals of the State of New York.

Decided May 18, 1961.

Attorney(s) appearing for the Case

Irving Figowitz, M. M. Goldknopf and Sidney M. Peddy for appellant.

Edward S. Silver, District Attorney (David Diamond of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and BURKE. Judge FOSTER dissents in an opinion in which Judges FULD and VAN VOORHIS concur.

Order affirmed upon the opinion in the Appellate Division.

FOSTER, J. (dissenting).

On this appeal, here by permission, we are asked to construe subdivision 5 of section 11 of the Domestic Relations Law. The pertinent parts of section 11, entitled "By whom a marriage must be solemnized", provide that "No marriage shall be valid unless solemnized by either:" (1) a clergyman or minister, (2) a Mayor, Recorder...

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