COSGROVE v. IMPERIAL NEWS INC.


49 A.D.2d 812 (1975)

Edward C. Cosgrove, as District Attorney of Erie County, Plaintiff, v. Imperial News Inc. et al., Defendants

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

September 24, 1975


Motion for temporary restraining order denied.

Memorandum:

The court properly vacated the temporary restraining order. On the facts of this case the court had no authority to restrain the dissemination of the alleged obscene material prior to a hearing (Heller v New York, 413 U.S. 483; Matter of Gaetano v Erwin, 46 A.D.2d 735). The parties are directed to proceed forthwith to...

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