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CALDERON v. CITY OF BUFFALO

90 Misc.2d 1033 (1977)

Hyman Calderon, Doing Business as Neisner's Smoke Shop, Plaintiff, v. City of Buffalo et al., Defendants.

Supreme Court, Erie County.

March 22, 1977

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul Cambria, Jr. of counsel), for plaintiff. Leslie G. Foschio, Corporation Counsel (Anthony Gregory of counsel), for defendants.

JOSEPH S. MATTINA, J.

Plaintiff has brought an action for declaratory judgment before this court.

In this declaratory judgment action, plaintiff challenges the constitutionality of subdivisions (J)[1] and (J)[2] of section 35 of chapter 9 of the Buffalo Anti-Obscenity and Display to Minors Ordinance.

I

Plaintiff Hyman Calderon is the sole proprietor of Neisner's Smoke Shop engaged...

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