Legal Opinion

People v. Pergament

New York District Court

Decided September 29, 1976PublishedCited by 1 opinion

1Opinion of the CourtWarren M. Doolittle, J.

Defendants’ motion to dismiss the informations is denied. Stay of prosecution contained in the order to show cause of August 17, 1976 is vacated.

Defendants move to dismiss the informations against them on the theory that the statute allegedly violated by these defendants is unconstitutional.

The statute involved is section 1 of chapter 114 of the Code of the Town of Hempstead. That section reads as follows:

"§ 114-1. Prohibited activities; hours; exception.
"All trades, manufacturers and agricultural or technical employments, upon the 30th day of May, known as 'Memorial Day,’ and on the fourth…

2Cases cited4 opinions

  1. Grossman v. BaumgartnerNew York Court of Appeals · 1966
  2. People v. AbrahamsNew York Court of Appeals · 1976
  3. S. E. Nichols Herkimer Corp. v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1972
  4. S. E. Nichols Herkimer Corp. v. Village of HerkimerNew York Supreme Court · 1971

3Cited by1 opinion

  1. People v. Brian L.Watertown City Court · 2007

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