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NIK-O-LOK CO. v. CAREY

40 N.Y.2d 1089 (1977)

Nik-O-Lok Company et al., Appellants, v. Hugh L. Carey, as Governor of the State of New York, et al., Respondents. Tads Enterprises, Inc., et al., Appellants, v. Hugh L. Carey, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 18, 1977.

Attorney(s) appearing for the Case

John T. DeGraff and Robert H. Iseman for appellants.

Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Despite cogent arguments addressed to the wisdom and desirability of the instant legislation, there is no question that the State has the power to prohibit or regulate the commercialization of toilet facilities. For analysis of some of the particular issues of unconstitutionality urged on grounds of due process of the law and equal protection of the laws, see opinion of Mr. Justice T. PAUL KANE at the Appellate...

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