MATTER OF DON v. Joseph

1 N.Y.2d 708 (1956)

In the Matter of Stephen Don et al., Respondents,

v.

Lazarus Joseph, as Comptroller of the City of New York, Appellant.

Court of Appeals of the State of New York.

Argued February 6, 1956.

Decided March 23, 1956.

Peter Campbell Brown, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for appellant.

Benjamin Heller and Bernard A. Abrashkin for respondents.

Concur: CONWAY, Ch. J., DESMOND, DYE and FULD, JJ. VAN VOORHIS, J., dissents in the following opinion. Taking no part: FROESSEL and BURKE, JJ.

Order affirmed, with costs. The classification of petitioners by the…