RAPP v. CAREY

Appeal from an order of the Supreme Court at Special Term entered January 12, 1977 in Albany County, which granted plaintiffs' motion for summary judgment and directed that judgment be entered declaring Executive Order No. 10.1 ( 9 NYCRR 3.10) is unconstitutional, void and unenforceable and that no persons covered by the executive order need comply with such order. The order is affirmed, with costs, for the reasons stated in the decision of Hughes, J., at Special Term. (See, also, Youngstown Co. v Sawyer, 343 U.S. 579; Matter of Broidrick v Lindsay, 39 N.Y.2d 641.) Koreman, P.J., Greenblott, Sweeney, Kane and Main, JJ., concur. [ 88 Misc.2d 428.]