Erikson v. Helfand

Halpern, J. (dissenting).

I dissent and vote for affirmance, substantially for the reasons given by Justice Hamm at Special Term but, because of the importance of the question involved, it may be useful to go over the ground in greater detail.

The position of deputy commissioner of the State Athletic Commission is clearly not that of a deputy in the true or ordinary sense of the word. “ A ‘ deputy ’ has been defined by the Standard Dictionary (Funk & Wagnalls Co.) as ‘ One authorized to act for or in place of another, especially in official relations.’ * * * ‘ the term deputy means “ one who is…