PEOPLE v. LOCAL 365 CEMETERY WORKERS

Order affirmed, without costs. Question certified answered in the affirmative. Defendant-appellant's arguments concerning deprivation of due process and discriminatory action are refuted by our decisions in Mount St. Mary's Hosp. v. Catherwood ( 26 N.Y.2d 493, mot. for rearg. den. 27 N.Y.2d 737) and People v. Ditniak ( 28 N.Y.2d 74). Neither is there improper delegation of legislative power ( Chiropractic Assn. of N.Y. v. Hilleboe, 12 N.Y.2d 109; Matter of City of Utica v. Water Pollution Control Bd., 5 N.Y.2d 164; Paterson v. University of State of N.Y., 14 N.Y.2d 432). There was ample evidence at Special Term of an emergency situation so that the application of the subject statute in this case cannot be deemed arbitrary.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.