347 N.Y.S.2d 451, 301 N.E.2d 434
Court of Appeals of the State of New York.Argued July 2, 1973
Decided July 3, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
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John R. Harold for appellants.
Louis J. Lefkowitz, Attorney-General (Irving Galt, Herbert J. Wallenstein and Ronald Cohen of counsel), for respondent.
Order affirmed, without costs. Question certified answered in the affirmative. Defendant-appellant’s arguments concerning deprivation of due process and discriminatory action are refuted by our decisions in Mount St. Mary’s Hosp. v. Catherwood
(26 N.Y.2d 493, mot. for rearg. den. 27 N.Y.2d 737) and People v Ditniak (28 N.Y.2d 74). Neither is there improper delegation of legislative power (Chiropractic Assn. of N.Y. v. Hilleboe, 12 N.Y.2d 109; Matter of City of Utica v. Water Pollution Control Bd., 5 N.Y.2d 164; Paterson v. University of State of N.Y., 14 N.Y.2d 432). There was ample evidence at Special Term
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of an emergency situation so that the application of the subject statute in this case cannot be deemed arbitrary.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.