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Olszewski v. Council of the Hempstead Fire Department

Richard Olszewski v. Council of the Hempstead Fire Department

Olszewski v. Council of the Hempstead Fire Dep't, 41 A.D.2d 968 (1973)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
May 29, 1973
Citations
41 A.D.2d 968344 N.Y.S.2d 9921973 N.Y. App. Div. LEXIS 4348

Opinion of the Court

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In consolidated actions inter alla for a judgment declaring unconstitutional a by-law of the Hempstead Eire Department, regulating facial hair and its length of members of said Department, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered July 14, 1972, which dismissed the complaint, after a nonjury trial. Judgment reversed, on the law, with costs to respondents, and it is declared that the subject by-law is constitutional and valid. Special Term correctly determined that the attack upon the constitutionality and validity of the subject by-law had no merit and properly sustained the validity of the by-law. However, Special Term was in error in dismissing the complaint merely because plaintiffs were not entitled to a declaration in their favor. A declaration should have been made in favor of defendants {Langa v. Wagner, 11 N Y 2d 317). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur. [ 70 Misc 2d 603 .]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1983: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. Ittig v. Huntington Manor Volunteer Fire Department, Inc.95 A.D.2d 829 (1983)

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