Opinion
Argued January 23, 1962
Decided February 22, 1962
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES T. MAJOR, J.
George R. Fearon and James A. Martin for appellant.
Louis J. Lefkowitz, Attorney-General ( Julius L. Sackman and Paxton Blair of counsel), for respondent.
Judgment affirmed, with costs ( Selig v. State of New York, 10 N.Y.2d 34). This court certifies that there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: the appellant contended that it has been deprived of its property without just compensation in violation of due process and that the alleged appropriation constituted an impairment of its contractual rights under the Constitution of the United States. This court held that appellant's constitutional rights had not been violated. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.