MATTER OF 2 OAKLAND AVE., AMSTERDAM (HOFFMAN)

AULISI, J.

William P. Christian for Albert De Rose, petitioner. Chandler S. Knight, County Attorney, for Roland Hoffman, as Commissioner of Public Welfare, respondent. AULISI, J. The petitioner herein requests that the Public Welfare Commissioner of Montgomery County be prohibited and restrained from delivering a deed of certain real property and that he be ordered to readvertise and resell same. On May 3, 1951, said commissioner sold certain real property known and described as No. 2 Oakland Avenue, Amsterdam, N. Y., to Mr. and Mrs. Curtis McCary for the sum of $3,250. The sale was conducted at public auction pursuant to section 106 of the Social Welfare Law of the State of New York and after several bids, the property was struck down by the County Attorney who acted as auctioneer, to the McCarys, they being the highest bidders. the Negro race. The duty of courts is ever to be watchful and alert against open as well as covert and stealthy attacks and encroachments against the social as well as the political and economic rights of persons. Our Constitution guarantees every citizen the right to life, liberty, and the pursuit of happiness. Every effort should be made by the courts to prevent, so far as is humanly possible, social and economic ostracism. There must be no discrimination, directly or indirectly, by reason of race, color, or creed, in excluding persons from receiving the benefits of a contract legally entered into. Racial hatred and intolerance must be blotted out and we must strike at the bigots and all promoters of discord and unhappiness. The petition is, therefore, dismissed and an order may be submitted accordingly.