Opinion
Argued February 14, 1972
Decided February 18, 1972
Appeal from the Albany County Court, FRANK A. TATE, JR., J.
Barry R. Fischer, Cornelius D. Murray and Daniel M. Sleasman for appellant.
Arnold W. Proskin, District Attorney ( James F. Downs and John A. Williamson of counsel), for respondent.
Louis J. Lefkowitz, Attorney-General ( Ruth Kessler Toch and William J. Kogan of counsel), in his statutory capacity under section 71 of the Executive Law.
Richard E. Moot, Robert J. Hodgson and James M. Kieffer for W.T. Grant Company, amicus curiae. Adcook, Engel, McLaughlin Doyle for Fay's Drug Co., Inc., amicus curiae.
Order affirmed. Although the amici curiae raise significant questions with respect to the general validity of legislation providing for a day of rest and religious observance, the case now before the court does not provide an appropriate vehicle to consider them.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.