Matter of Mazzarella v. Kern

Lehman, Ch. J.

(concurring). The provision of the statute that a city “ acquiring and owning and operating a transit facility shall continue to employ all employees of any corporation theretofore owning or operating such transit facility * * * who shall have been in the employ of said corporation for one year or more immediately prior to such acquisition and who shall be citizens or shall have filed declarations of intention to become citizens heretofore or within six months after this act takes effect ” does not make citizenship or declaration of intention to become a citizen a condition…