Fitzgerald v. Sanitation District No. 6
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order of the court below (89 Mise 2d 1078) modified to the extent of striking the provisions requiring plaintiffs to appear at an examination, complaint reinstated, and, as so modified, affirmed, without costs.
*326- The failure of the Legislature to include districts other than school and fire districts in section 50-h of the General Municipal Law indicates that the exclusion of other districts was intended. It is not for the courts to correct supposed errors, omissions or defects in legislation (Meltzer v Koenigsberg, 302 NY 523; Martin v Martin, 58 Misc 2d 459;…
2Cases cited13 opinions
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- Terranova v. EmilNew York Court of Appeals · 1967
- Kalechman v. Drew Auto Rental, Inc.New York Court of Appeals · 1973
- Martin v. MartinNew York City Family Court · 1968
- Cicero v. ClarkAppellate Division of the Supreme Court of the State of New York · 1965
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3Cited by2 opinions
- Anderson v. House of the Good Samaritan HospitalNew York Supreme Court · 2002
- Wenning v. Metropolitan Transportation AuthorityNew York Supreme Court · 1984