City of Rye v. Metropolitan Transportation Authority

Burke, J. (dissenting).

While there is a legal presumption which favors the constitutionality of particular legislation, instances arise where logic mandates that the presumption be rejected. Such a situation exists in the present case.

■Sections 83 and 92 of chapter 717 of the Laws of 1957 are today challenged by the residents of the City of Bye and the Town of Oyster Bay as unconstitutional enactments, in conflict with either section 5 of article X or section 15 of article III of our ¡State Constitution.

The residents of these communities are for the first time aware that section 83 which the…