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SUNSHINE BOOK CO. v. McCAFFREY

4 A.D.2d 643 (1957)

Sunshine Book Company et al., Appellants, v. Edward T. McCaffrey, as Commissioner of Licenses of The City of New York, et al., Respondents

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

December 3, 1957.

Attorney(s) appearing for the Case

O. John Rogge of counsel (Rogge, Zucker, Fabricant & Gordon, attorneys), for appellants.

Robert E. Hugh of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel), for respondents.

PECK, P. J., BREITEL, FRANK and BASTOW, JJ., concur.

VALENTE, J.

Appellant instituted suit against Edward T. McCaffrey, as Commissioner of Licenses of the City of New York, and George P. Monaghan, as Police Commissioner, seeking a declaratory judgment and injunctive relief. While the complaint sought a declaration as to the invalidity and unconstitutionality of section 1141 of the Penal Law, and an injunction against the Police Commissioner restraining him from...

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