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CENT. WESTCHESTER HUMANE SOC. v. HILLEBOE

202 Misc. 881 (1952)

Central Westchester Humane Society, Inc., et al., Plaintiffs, v. Herman E. Hilleboe, as Commissioner of Health of The State of New York, Defendant.

Supreme Court, Special Term, Westchester County.

September 22, 1952.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Samuel A. Hirshowitz of counsel), for defendant.

Albert Felix for plaintiffs.

EAGER, J.

This action is one for a declaratory judgment declaring that section 5-a of the Public Health Law, enacted by chapter 96 of the Laws of 1952 and commonly known as the "Metcalf-Hatch Act", is unconstitutional, and for an injunction restraining defendant Commissioner of Health from acting under the provisions of the statute. Said statute authorizes the Commissioner of Health to requisition in lieu of...

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