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MATTER OF HAROCHE v. LEARY

38 A.D.2d 972 (1972)

In the Matter of Gilbert D. Haroche, as President of Liberty Travel Service of Brooklyn, Inc., Respondent-Appellant, v. Howard R. Leary, as Commissioner of The Police Department of the City of New York, et al., Appellants-Respondents

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

March 27, 1972

Judgment affirmed, without costs.

No opinion.

Gulotta, J., dissents in part, with the following memorandum:

This appeal involves the construction of section 5 of the General Business Law, which reads as follows: "§ 5. Labor prohibited on Sunday. All labor on Sunday is prohibited, excepting the works of necessity and charity. In works of necessity or charity is included whatever is needful during the day for the good order, health...

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