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PEOPLE v. DITNIAK

28 N.Y.2d 74 (1971)

The People of the State of New York, Appellant, v. Simon Ditniak et al., Respondents.

Court of Appeals of the State of New York.

Decided February 25, 1971.

Attorney(s) appearing for the Case

Joseph P. Torraca, District Attorney (Francis J. Vogt and Edward M. P. Greene of counsel), for appellant.

Robert E. Goldstein and Joseph Feinstein for respondents.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), amicus curiae in behalf of New York State Thruway Authority.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and GIBSON concur; Judge BURKE taking no part.

JASEN, J.

The principal question on this appeal is whether the actions of the Thruway Authority in closing service areas between Albany and New York City to charter buses on summer weekends violates the equal protection clause of the Federal and State Constitutions.

Each defendant, a driver of a charter bus, was charged in a separate information with violating...

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