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MATTER OF LIPSETT v. GILLETTE

12 N.Y.2d 162 (1962)

In the Matter of Jean Lipsett et al., and All Others Similarly Situated, Appellants, v. Henry E. Gillette, as Mayor of the City of Rochester, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Harry W. Albright, Jr., and John T. De Graff for appellants.

Arthur B. Curran, Jr., Corporation Counsel (John R. Garrity of counsel), for respondents.

Judges DYE, FULD, FROESSEL, BURKE and FOSTER concur with Chief Judge DESMOND; Judge VAN VOORHIS concurs in a separate opinion.

Chief Judge DESMOND.

The law questions on this appeal are: first, as to the constitutionality of the below-quoted ordinance enacted on September 11, 1962 by the Rochester City Council; and, second, if it be held constitutional, as to the character and extent of the inquiries and other procedures the City Manager must make or take before deciding as to appropriate units and before recognizing bargaining agents...

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