
    In the Matter of Ruth Bloom et al., Respondents, v. New York City Transit Authority, Appellant.
   Order entered on October 17, 1961, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion to compel acceptance of notice of claim pursuant to section 50-e of the General Municipal Law as timely served, denied. The legislative history indicates that a day of religious observance is not to be deemed a public holiday unless so proclaimed by the President or the Governor. (See L. 1875, eh. 27; L. 1887, eh. 289; L. 1889, ch. 198; Code Civ. Pro., § 3343, subd. 21 [1901]; L. 1892, ch. 677, § 24; General Construction Law, § 24; Executive Law, § 7.) An interpretation of the statute to bring all days of general religious observance within the statutory definition of a holiday, without requirement of executive proclamation, would lead to confusion and indefiniteness in the application of the statute. A construction, having this result, is to be avoided where, as here, it is not plainly indicated. (McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 143.) Concur — Breitel, J. P., Rabin, McNally, Eager and Bastow, JJ. [31 Misc 2d 805.]  