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FRIEDMAN v. BEAME

No. 1305, Docket 77-7095.

558 F.2d 1107 (1977)

Richard D. FRIEDMAN, Individually and on behalf of the class comprising all persons who are owners of, or are licensed to operate an automobile in the State of New York and City of New York, and on behalf of the class comprising all persons who have received parking tickets and paid fines thereon under the circumstances described herein for the period July 1, 1970 to date hereof, within the City of New York, Nicholas A. Arena, Fran Lee, and Harold C. Harrison, Plaintiffs-Appellants, v. Abraham D. BEAME, Mayor of the City of New York, Harrison J. Goldin, Comptroller of the City of New York, Alexander J. Mautner, Transportation Administrator of the City of New York, Theodore Karagheuzoff, Commissioner of Traffic of the City of New York and Harry Viccola, Director of the Parking Violations Bureau of the City of New York, Individually and in their respective capacities, Defendants-Respondents.

United States Court of Appeals, Second Circuit.

Decided July 21, 1977.

Attorney(s) appearing for the Case

Richard D. Friedman, New York City (Friedman, Friedman, Levy & Bottiglieri, New York City), for plaintiffs-appellants.

Paul T. Rephen, New York City (W. Bernard Richland, Corp. Counsel, L. Kevin Sheridan, New York City, of counsel), for defendants-respondents.

Before WATERMAN, SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, granting defendants' motion to dismiss a complaint based on claims that the City of New York's parking regulations are the result of an improper delegation of legislative authority and violate the fourteenth amendment. We find no merit in either claim and affirm.

I.

In January...

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