Matter of Drug Res. v. Jstcs. of Court of Sessions

Full title: In the Matter of DRUG RESEARCH CORPORATION et al., Appellants, v. JUSTICES…

Court: Court of Appeals of the State of New York

Date published: Jul 10, 1963

13 N.Y.2d 800 (N.Y. 1963)

242 N.Y.S.2d 225

192 N.E.2d 179

Opinion

Argued June 4, 1963

Decided July 10, 1963

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, OWEN McGIVERN, J.

Philip A. Friedman for appellants.

Louis J. Lefkowitz, Attorney-General ( Irving Galt, Irving L. Rollins and Philip Weinberg of counsel), for respondents.

Frank S. Hogan, District Attorney ( H. Richard Uviller and Michael R. Juviler of counsel), for District Attorney of New York County, amicus curiae.

Appeal dismissed, without costs, in the following memorandum: This appeal was taken as of right on the alleged ground that a constitutional question is directly involved (Civ. Prac. Act, § 588, subd. 1, par. [a]). A reading of the opinion at Special Term clearly demonstrates that that court did not pass upon constitutional issues but denied prohibition in the exercise of its discretion. Consequently, no constitutional question is presented and, for that reason, the appeal is dismissed.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.