MTR. OF JACKEL v. PACETTA


35 Misc.2d 358 (1962)

In the Matter of Julius Jackel et al., Petitioners, v. Albert S. Pacetta, as Commissioner of the Department of Markets of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

April 19, 1962


Attorney(s) appearing for the Case

Samuel Morganroth and Sidney M. Feitelberg for Petitioners. Mannes, Sturim & Laufer (Arthur M. Laufer and Samuel S. Sturim of counsel), for New York State Food Merchants Association, amicus curiæ. Hirson & Bertini (Max M. Hirson and Alan D. Eisenberg of counsel), for Gristede Bros., Inc., amicus curiæ. Leo A. Larkin, Corporation Counsel (Rose Schneph and James J. Hurley of counsel), for respondent.


SAMUEL M. GOLD, J.

In the court's opinion, the Commissioner's power under the Charter to "enforce all laws in relation to weights and measures" (New York City Charter, § 833 [1938]) is broad enough to authorize him to adopt the regulation requiring the grinding of meat in a place open to the public view, in order to prevent violation of section 833-16.0 of the Administrative Code which forbids the sale...

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