CERACCHE TV CORP. v. KELLY


80 Misc.2d 956 (1974)

Ceracche Television Corporation, Plaintiff, v. Robert F. Kelly et al., Constituting the New York State Commission On Cable Television, Defendants. In the Matter of Ceracche Television Corporation, Petitioner, v. Robert F. Kelly et al., Constituting the New York State Commission On Cable Television, Respondents.

Supreme Court, Special Term, Albany County.

December 31, 1974


Attorney(s) appearing for the Case

Cohen & Berfield (Lewis I. Cohen of counsel), for plaintiff and petitioner. Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly of counsel), for defendants and respondents.


EDWARD S. CONWAY, J.

Ceracche Television Corporation, on its own behalf and as a representative of a class, makes two motions; first, for a declaratory judgment declaring that section 817 of the Executive Law is unconstitutional and requiring the return of all money paid to the State as required by the section; and second, for a judgment pursuant to CPLR article 78 setting aside an order of the State Commission...

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