Summary
In Matter of Bateman v. Marsh (296 N.Y. 849) the court refused to construe the term "time of war" in the NY Constitution, article V, § 6 as being limited to World War II veterans to satisfy equal protection requirements.
Summary of this case from Jesselli v. New York City Employees' Retirement SystemOpinion
Argued January 8, 1947
Decided February 20, 1947
Appeal from the Supreme Court, Appellate Division, First Department, KOCH, J.
Milton L. Rosenberg for appellants.
John J. Bennett, Corporation Counsel ( Seymour B. Quel, Helen R. Cassidy and Harry Hollander of counsel), for respondents.
Nathaniel L. Goldstein, Attorney-General ( Wendell P. Brown and Irving I. Waxman of counsel), appearing, pursuant to section 68 of the Executive Law, in support of section 6 of article V of the New York State Constitution.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. Taking no part: FULD, J.