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HERKIMER CORP. v. VIL. OF HERKIMER

38 A.D.2d 456 (1972)

S. E. Nichols Herkimer Corporation, Appellant, v. Village of Herkimer et al., Respondents

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

April 19, 1972.

Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher (Evalyn G. Basloe of counsel), for appellant.

F. Arthur Fagan, Jr., for respondents.

MARSH, J. P., WITMER, CARDAMONE and HENRY, JJ., concur.

MOULE, J.

Section 86 of the General Municipal Law grants the municipalities in the State power to enact "ordinances regulating the nature of commercial and business activities that may be conducted on Memorial day and Independence day and the hours within which * * * business activities may be conducted".

Pursuant to such authority, defendant village enacted an ordinance on June 7, 1971 which provided...

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