NETTLETON CO. v. DIAMOND


27 N.Y.2d 182 (1970)

A. E. Nettleton Company, Respondent, and J. Fox, Inc. et al., Intervenors-Respondents, v. Henry A. Diamond, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 15, 1970.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip Weinberg, Samuel A. Hirshowitz and Thomas F. Harrison of counsel), for appellants.

Charles T. Beeching, Jr. and George Bond, Jr. for plaintiff-respondent.

Marshall C. Berger for New York State Council of Retail Merchants, intervenor-respondent.

Leo Goldsmith, Jr. and Bernard Kovner for Reptile Products Association, Inc. and another, intervenor-respondent.

Joseph Colby for J. Fox, Inc. and others, intervenor-respondent.

Donald C. Hays for National Audubon Society, Inc., amicus curiae.

Edward Berlin, Edward Lee Rogers and William A. Butler for Environmental Defense Fund, amicus curiae.

Judges BERGAN, BREITEL, JASEN and GIBSON concur with Judge SCILEPPI; Chief Judge FULD and Judge BURKE dissent and vote to affirm on opinion at Special Term.


SCILEPPI, J.

Appellants, consisting of several officials of the State of New York (hereinafter referred to as the State) have taken a direct appeal to our court from a judgment of the Supreme Court, Onondaga County, which declared section 358-a of the Agriculture and Markets Law to be contrary to the Fourteenth Amendment of the Constitution of the United States and article I (§ 6) of the New York State Constitution...

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