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TOWN OF HEMPSTEAD v. GOLDBLATT

9 N.Y.2d 101 (1961)

Town of Hempstead, Respondent, v. Herbert W. Goldblatt et al., Appellants.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Milton I. Newman, Emil N. Baar and Edward M. Miller for appellants.

William C. Mattison, Richard P. Charles and Mario Matthew Cuomo for respondent.

Chief Judge DESMOND and Judges DYE and FULD concur with Judge BURKE; Judge VAN VOORHIS dissents in an opinion in which Judges FROESSEL and FOSTER concur.

BURKE, J.

The question raised is whether an ordinance of the Town of Hempstead regulating the defendants' business is confiscatory and in violation of the due process clause of both the Federal and State Constitutions.

The defendants seek to revise a judgment of the Appellate Division unanimously affirming a judgment of Special Term upholding the constitutionality of the ordinance and enjoining the defendants...

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