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BLAIKIE v. LINDSAY

49 Misc.2d 612 (1966)

Robert B. Blaikie, on Behalf of Himself and All Other Citizens, Residents and Taxpayers of the City of New York Similarly Situated, Plaintiff, v. John V. Lindsay, Individually and as Mayor of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

March 24, 1966

Attorney(s) appearing for the Case

H. Leonard King for plaintiff. Sidney Brandes, Helen R. Cassidy and James P. McMahon for New York City Transit Authority and others, defendants. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Robert E. Hugh of counsel), in support of constitutionality of statute. J. Lee Rankin, Corporation Counsel (Frederic S. Nathan and John F. Kelly of counsel), for John V. Lindsay and others, defendants. O'Donnell & Schwartz (John F. O'Donnell of counsel), for Transit Workers Union and Local 100, proposed intervenors. Robert C. La Borde, Jr., for Independent Bar Association, amicus curice. Pressman & Scribner (David Scribner of counsel), for 110 licensed ferry officers, amici curice.

WILLIAM C. HECHT, JR., J.

The Condon-Wadlin Law (Civil Service Law, § 108) provides that no person holding a position by appointment or employment in the government of the city or any of its political subdivisions, or of a municipality, or in the public school service, "or in the service of any authority, commission, or board" "shall strike" (subd. 2); a person violating the provisions of the section may...

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