Opinion
November 10, 1987
Appeal from the Supreme Court, Steuben County, Tillman, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Pine, JJ.
Judgment unanimously affirmed with costs. Memorandum: In this declaratory judgment action, plaintiff challenged the constitutionality of the seat belt law (Vehicle and Traffic Law § 1229-c). It is well established that "every legislative enactment enjoys a strong presumption of constitutionality which, although rebuttable, requires the challenging party to demonstrate that the enactment is unconstitutional beyond a reasonable doubt" (Pharmaceutical Mfrs. Assn. v. Whalen, 54 N.Y.2d 486, 493; Health Ins. Assn. v Harnett, 44 N.Y.2d 302, 310). The bare attorney's affidavit furnished by plaintiff claiming that the seat belt law is unconstitutional was insufficient to overcome the presumption of constitutionality.