Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation

MEMORANDUM

POLLACK, District Judge.

The Court is in effect being requested to give an advisory opinion of the constitutional validity of future acts which conceivably may never occur but which are predicted as certain by the moving parties. The defendants, however, with understandable caution, regard the future course of events as uncertain.

The plaintiffs have neither been restored to duty since their prior dismissal, formally questioned, charged or been afforded a hearing. No justiciable controversy exists at this time.

Where as here, grave constitutional issues lurk or are posed, it seems…