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Matter of Mazzarella v. Kern

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 1940
260 App. Div. 1012 (N.Y. App. Div. 1940)

Opinion

December 20, 1940.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., Townley, Untermyer, Dore and Cohn, JJ.; Cohn, J., dissents in opinion.


Order affirmed, with twenty dollars costs and disbursements. No opinion.


The Wicks Law (Laws of 1939, chap. 927, § 2) requires an affirmative act by an alien employee, within six months after the act takes effect, evidencing his intention in good faith to become a citizen. The apparent purpose of the Legislature was to confer upon aliens in the employ of privately operated subway lines a privilege to continue in employment if the transit facilities are acquired by a public agency, upon qualifying themselves for citizenship. In filing his application expressing a desire to declare his intention to become a citizen in accordance with the Naturalization Law, appellant, in my opinion, complied with the statute. The expression "shall have filed declarations of intention to become citizens" was obviously not intended by the State lawmakers to be interpreted in the technical sense in which Congress would use such language in a naturalization statute.

The order should be reversed and the application should be granted to the extent of restraining respondents from dismissing the appellant.


Summaries of

Matter of Mazzarella v. Kern

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 1940
260 App. Div. 1012 (N.Y. App. Div. 1940)
Case details for

Matter of Mazzarella v. Kern

Case Details

Full title:In the Matter of the Application of RAFFAELE MAZZARELLA, on Behalf of…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 20, 1940

Citations

260 App. Div. 1012 (N.Y. App. Div. 1940)