Legal Opinion

Frolov v. Delo

New York Supreme Court

Decided February 20, 1976Published

1Opinion of the CourtMorton B. Silberman, J.

This is a CPLR article 78 proceeding in the nature of mandamus. Petitioner, a 75-year-old alien who has resided in the United States for 13 years and in Rockland County for 5 years, seeks a judgment compelling respondents to issue to him a New York State fishing license without payment of any fee. The issue presented is whether section 11-0715 of the Environmental Conservation Law is violative of the equal protection clause of the United States Constitution in that it authorizes the issuance of free hunting and fishing licenses to "citizen residents” over age 70, but *486requires "alien…

2Cases cited16 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Graham v. RichardsonSupreme Court of the United States · 1971
  4. Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
  5. Takahashi v. Fish & Game CommissionSupreme Court of the United States · 1948

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