People v. Ditniak

CourtNew York Court of Appeals
Writing for the CourtJASEN; FULD; BURKE
Citation28 N.Y.2d 74,320 N.Y.S.2d 25,268 N.E.2d 768
Parties, 268 N.E.2d 768 The PEOPLE of the State of New York, Appellant, v. Simon DITNIAK et al., Respondents.
Decision Date25 February 1971

Page 25

320 N.Y.S.2d 25
28 N.Y.2d 74, 268 N.E.2d 768
The PEOPLE of the State of New York, Appellant,
v.
Simon DITNIAK et al., Respondents.
Court of Appeals of New York.
Feb. 25, 1971.

Page 26

[268 N.E.2d 769] [28 N.Y.2d 75] Joseph P. Torraca, Dist. Atty. (Francis J. Vogt and Edward M. P. Greene, Kingston, of counsel), for appellant.

[28 N.Y.2d 76] Robert E. Goldstein and Joseph Feinstein, New York City, for respondents.

[28 N.Y.2d 77] Louis J. Lefkowitz, Atty. Gen. (Grace K. Banoff and Ruth Kessler Toch, Albany, of counsel), amicus curiae in behalf of New York State Thruway Authority.

Page 27

JASEN, Judge.

The principal question on this appeal is whether the actions of the Thruway Authority in closing service areas between Albany and New York City to charter buses on summer [28 N.Y.2d 78] weekends violates the equal protection clause of the Federal and State Constitutions.

Each defendant, a driver of a charter bus, was charged in a separate information with violating section 103.1 of the Thruway Regulations (21 NYCRR 103.1), which provides, in part, that 'No person shall fail, neglect or refuse to comply with any * * * sign * * * erected or displayed by the Thruway Authority on the Thruway system'. The signs in question announced that the service areas between Albany and New York City would be closed to charter buses from midnight Friday to midnight Sunday during the heavily traveled summer months. The courts below dismissed the informations herein upon the aforementioned constitutional grounds.

At the outset it should be noted that the respondents do not question the Authority's right to exclude vehicles from an already crowded service area, but instead challenge the actions of the Authority in selecting charter buses as the class of traffic to be excluded. While it is true that the Authority's actions in selecting charter buses as a class of vehicles to be excluded from using certain facilities is, in one sense, discriminatory, this, in itself, does not sustain a violation of the equal protection clause.

]Equal protection does not require that all persons be dealt with identically, but it does require that a distinction made have some relevance to the purpose for which the classification is made.' (Baxstrom v. Herold, 383 U.S. 107, 111, 86 S.Ct. 760, 763, 15 L.Ed.2d 620.) Nor is the Constitution offended if the classification has some reasonable or rational basis. (Dandridge v. Williams, 397 U.S. 471, 485, 90 S.Ct. 1153, 25 L.Ed.2d 491; see also, Matter of Stracquadanio v. Department of Health, 285 N.Y. 93, 32 N.E.2d 806.) Furthermore, '(a) statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.' (McGowan v. Maryland, 366 U.S. 420, 426, 81 S.Ct. 1101,...

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16 practice notes
  • Marino v. Town of Ramapo
    • United States
    • United States State Supreme Court (New York)
    • 6 July 1971
    ...discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.' (Citing case)' (People v. Ditniak, 28 N.Y.2d 74, 78, 320 N.Y.S.2d 25, 27, 268 N.E.2d 768, Classifications predicated upon natural factors such as age and income have long been recognized a......
  • Weber v. Kowalski
    • United States
    • United States State Supreme Court (New York)
    • 11 December 1975
    ...basis, there is no denial of equal protection (McGowan v. Maryland, 366 U.S. 420, 81 S.Ct. 1101, 6 L.Ed.2d 393; People v. Ditniak, 28 N.Y.2d 74, 320 N.Y.S.2d 25, 268 N.E.2d 768). Here, there exists a rational basis for differentiation among litigants who choose to sue in the courts of the N......
  • People v. Robert Z.
    • United States
    • New York County Court
    • 19 December 1986
    ...must be treated in the same way. (See, Matter of Patricia A., 31 N.Y.2d 83, 88, 335 N.Y.S.2d 33, 286 N.E.2d 432; People v. Ditniak, 28 N.Y.2d 74, 78, 320 N.Y.S.2d 25, 268 N.E.2d 768; DeCastro v. Ortiz, 119 Misc.2d 777, 779-780, 464 N.Y.S.2d 619 [supra ]; People v. Smith, 97 Misc.2d 115, 118......
  • People v. Smith
    • United States
    • New York County Court
    • 21 November 1978
    ...71, 92 S.Ct. 251, 30 L.Ed.2d 225; Matter of Patricia A., 31 N.Y.2d 83, 88, 335 N.Y.S.2d 33, 36, 286 N.E.2d 432, 434; People v. Ditniak, 28 N.Y.2d 74, 78, 320 N.Y.S.2d 25, 27, 268 N.E.2d 768, 769; 9 N.Y.Jur. Constitutional Law, Section 300. The appropriate standard for judicial review in equ......
  • Request a trial to view additional results
16 cases
  • Marino v. Town of Ramapo
    • United States
    • United States State Supreme Court (New York)
    • 6 July 1971
    ...discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.' (Citing case)' (People v. Ditniak, 28 N.Y.2d 74, 78, 320 N.Y.S.2d 25, 27, 268 N.E.2d 768, Classifications predicated upon natural factors such as age and income have long been recognized a......
  • Weber v. Kowalski
    • United States
    • United States State Supreme Court (New York)
    • 11 December 1975
    ...basis, there is no denial of equal protection (McGowan v. Maryland, 366 U.S. 420, 81 S.Ct. 1101, 6 L.Ed.2d 393; People v. Ditniak, 28 N.Y.2d 74, 320 N.Y.S.2d 25, 268 N.E.2d 768). Here, there exists a rational basis for differentiation among litigants who choose to sue in the courts of the N......
  • People v. Robert Z.
    • United States
    • New York County Court
    • 19 December 1986
    ...must be treated in the same way. (See, Matter of Patricia A., 31 N.Y.2d 83, 88, 335 N.Y.S.2d 33, 286 N.E.2d 432; People v. Ditniak, 28 N.Y.2d 74, 78, 320 N.Y.S.2d 25, 268 N.E.2d 768; DeCastro v. Ortiz, 119 Misc.2d 777, 779-780, 464 N.Y.S.2d 619 [supra ]; People v. Smith, 97 Misc.2d 115, 118......
  • People v. Smith
    • United States
    • New York County Court
    • 21 November 1978
    ...71, 92 S.Ct. 251, 30 L.Ed.2d 225; Matter of Patricia A., 31 N.Y.2d 83, 88, 335 N.Y.S.2d 33, 36, 286 N.E.2d 432, 434; People v. Ditniak, 28 N.Y.2d 74, 78, 320 N.Y.S.2d 25, 27, 268 N.E.2d 768, 769; 9 N.Y.Jur. Constitutional Law, Section 300. The appropriate standard for judicial review in equ......
  • Request a trial to view additional results

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