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MODJESKA SIGN v. BERLE

87 Misc.2d 600 (1976)

Modjeska Sign Studios, Inc., Plaintiff, v. Peter A. A. Berle, Individually and as Commissioner of the Department of Environmental Conservation of the State of New York, Defendant.

Supreme Court, Special Term, Albany County.

August 4, 1976

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Carl W. Peterson, Jr., of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Howard A. Fromer and Stanley Fishman of counsel), for defendant. Jaeckle, Fleischmann & Mugel (Adelbert Fleischmann and Henry W. Killeen, III, of counsel), for Outdoor Advertising Association of New York, proposed intervenor.

HAROLD J. HUGHES, J.

Plaintiff has moved for a preliminary injunction restraining defendant from enforcing ECL 9-0305 which regulates the use of advertising signs in the Catskill Park. The motion was brought on by an order to show cause which temporarily restrained the enforcement of this statute pending determination of the motion. Defendant has cross-moved for an order dismissing the complaint and has requested...

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