Opinion
Argued January 11, 1977
Decided January 18, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD S. CONWAY, J.
John T. DeGraff and Robert H. Iseman for appellants.
Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), for respondents.
MEMORANDUM. Despite cogent arguments addressed to the wisdom and desirability of the instant legislation, there is no question that the State has the power to prohibit or regulate the commercialization of toilet facilities. For analysis of some of the particular issues of unconstitutionality urged on grounds of due process of the law and equal protection of the laws, see opinion of Mr. Justice T. PAUL KANE at the Appellate Division in Nik-O-Lok v Carey ( 52 A.D.2d 375).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
In Nik-O-Lok v Carey: Order affirmed, with costs.
In Tads Enterprises v Carey: Judgment affirmed, with costs.