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WINKLER v. SPINNATO

72 N.Y.2d 402 (1988)

Ernest Winkler et al., Appellants, v. Joseph E. Spinnato, Individually and as Fire Commissioner of the City of New York, et al., Respondents, and State of New York, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Joseph O. Giaimo for appellants.

Peter L. Zimroth, Corporation Counsel (Ronnie Dane and Pamela Seider Dolgow of counsel), for respondents.

Robert Abrams, Attorney-General (Christopher Keith Hall, O. Peter Sherwood and Lawrence S. Kahn of counsel), for intervenor-respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion; Judge ALEXANDER dissents and votes to reverse in a separate opinion.

Per Curiam.

Relying on the Equal Protection Clauses of both the Federal and State Constitutions (US Const 14th Amend; NY Const, art I, §§ 6, 11), as well as the Privileges and Immunities Clause of the Federal Constitution (US Const, art IV, § 2, cl [1]), plaintiffs challenge the constitutionality of Public Officers Law § 3 (19) and § 30 (5-a) (hereinafter...

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