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ROBIN v. INC. VIL. OF HEMPSTEAD

30 N.Y.2d 347 (1972)

Charles Robin, Respondent, v. Incorporated Village of Hempstead, Appellant. (Action No. 1.) Incorporated Village of Hempstead, Appellant, v. Bill Baird Center, Inc., Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided June 1, 1972.

Attorney(s) appearing for the Case

Saul Horowitz, Corporation Counsel, for appellant.

H. Miles Jaffe for respondents.

Judges BERGAN, BREITEL, JASEN and GIBSON concur with Chief Judge FULD; Judge BURKE concurs without accepting chapter 127 of the Laws of 1970 as a valid exercise of legislative power; Judge SCILEPPI dissents and votes to reverse.

Chief Judge FULD.

At issue on this appeal is the validity of a 1971 village ordinance which provides that abortions be performed only in hospitals licensed and accredited by the State.

In 1970, by chapter 127 of the Laws of 1970, the State Legislature amended section 125.05 (subd. 3) of the Penal Law, entitled "Justifiable abortional act", to provide that "[t...

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