MATTER OF JOSEPH BURSTYN, INC., v. WILSON


278 A.D. 253 (1951)

In the Matter of Joseph Burstyn, Inc., Petitioner, v. Lewis A. Wilson, as Commissioner of Education of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1951.


Attorney(s) appearing for the Case

John C. Farber, Samuel E. Aronowitz, Earle R. Koons, Ephraim S. London and Clendon H. Lee for petitioner.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondents.

Patrick C. Dugan, Charles J. Tobin, Edmund B. Butler, Porter R. Chandler and George A. Timone for the New York State Catholic Welfare Committee, amicus curiæ.

Osmond K. Fraenkel, Herbert Monte Levy, Robert Markewich and Newell G. Alford, Jr., for New York City Civil Liberties Committee and National Council on Freedom from Censorship, amici curiæ.

HEFFERNAN, BREWSTER, DEYO and BERGAN, JJ., concur.


FOSTER, P. J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Board of Regents of the University of the State of New York which rescinded licenses for the public exhibition of a motion picture film, entitled "The Miracle", on the ground it is sacrilegious.

The picture, produced in Italy, depicts a demented peasant girl tending a herd of goats on a mountainside...

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