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STATE OF N. Y. v. GARLICK CHAPELS

30 A.D.2d 143 (1968)

State of New York, Respondent, v. J. S. Garlick Parkside Memorial Chapels, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1968.

Attorney(s) appearing for the Case

Orrin G. Judd of counsel (George Goodstein and Joseph Rubin with him on the brief; Goldstein, Judd & Gurfein, attorneys), for appellant.

Philip Weinberg of counsel (Samuel A. Hirshowitz and Henry P. Lipscomb, Jr., with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

STEVENS and McNALLY, JJ., concur with BOTEIN, P. J.; McGIVERN, J., dissents in opinion in which EAGER, J., concurs.

BOTEIN, P. J.

Defendant-appellant operates a funeral establishment pursuant to article 34 of the Public Health Law (§§ 3400-3457), the article which regulates the practice of funeral directing in this State. Section 3457 authorizes the Attorney-General, plaintiff-respondent herein, to maintain an action against any person who violates any provision of the article, and provides that in such action the final judgment in favor of the plaintiff...

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