We agree with Special Term's central determination, for the reasons set forth in its opinion, that the defendants-respondents validly denied a veteran's credit to plaintiffs under the circumstances described, that this determination was in accordance with, and required by, N.Y. Constitution, article V, § 6, and that N.Y. Constitution, article V, § 6 did not violate Federal constitutional law to the extent to which it was interpreted as requiring denial of veteran's credit to plaintiffs who were not State residents at the time the relevant civil service list was established.
As to Special Term's further determination that article V, § 6 was null and void and in violation of Federal constitutional law to the extent to which it required New York State residence of an applicant at the time of the applicant's induction into the Armed Services as a condition for awarding veteran's bonus points, we note that this question was not in issue in the action. Accordingly, we modify only to delete this part of the judgment in accordance with the familiar principle that constitutional issues should not be addressed where there is no need to do so.
Concur — Sandler, J.P., Asch, Milonas and Ellerin, JJ. [ 129 Misc.2d 851.]