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COHALAN v. CAVIGLIA

73 A.D.2d 590 (1979)

Peter F. Cohalan, as Supervisor of The Town of Islip, et al., Respondents, v. Frank Caviglia, Appellant

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

December 3, 1979

Judgment reversed, on the law, without costs or disbursements, and complaint dismissed.

The findings of fact have not been considered. In our view, the procedure by which Suffolk County law enforcement authorities seized the magazines and films which are the subject of this action was disapproved in Lo-Ji Sales v New York (442 U.S. 319). Accordingly, the injunction against the sale, display or distribution of those items cannot...

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