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STENGEL v. SMITH

18 A.D.2d 458 (1963)

Elmer S. Stengel, as Corporation Counsel of The City of Buffalo, Respondent, v. William Smith et al., Appellants

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

May 16, 1963.

Attorney(s) appearing for the Case

Lipsitz, Green & Fahringer (Herald P. Fahringer, Jr., of counsel), for appellants.

Elmer S. Stengel, Corporation Counsel, in person, and Anthony Gregory for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ., concur.

Per Curiam.

Denial to appellants of the due process of law, guaranteed to them by the Fourteenth Amendment of the Constitution of the United States and section 6 of article I of the Constitution of the State of New York, by seizure of allegedly obscene publications prior to any adjudication of their obscenity, infected the action and for that reason the final order must be reversed.

Plaintiff brought this action under section 22-a of the Code of Criminal...

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