New York Court of Appeals
A. E. Nettleton Company, and J. Fox, Inc., Intervenors-Respondents v. Henry A. Diamond, as Commissioner of the…
October 15, 197027 N.Y.2d 182
Summary
The New York Court of Appeals reversed the Onondaga County Supreme Court's judgment that declared section 358‑a of the Agriculture and Markets Law unconstitutional, holding that the statute is a valid exercise of the State's police power and is not pre‑empted by the Federal Endangered Species Conservation Act. The Court affirmed the State's authority to regulate the sale of skins of listed wildlife species and found no due‑process violation.