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SMITHTOWN v. COMMACK GAS

108 Misc.2d 887 (1981)

Town of Smithtown, Plaintiff, v. Commack Gas & Washateria, Defendant.

District Court of Suffolk County, Fourth District.

April 20, 1981

Attorney(s) appearing for the Case

Jane E. Conway for defendant. Anthony Forte, Town Attorney, for plaintiff.

PETER G. DOUNIAS, J.

The defendant is charged with the violation of sections 54-12(A) and 54-140(3) of the Code of the Town of Smithtown which prohibit the use of portable signs in filling stations. It is alleged that the defendant maintained a portable sandwich sign at its premises. The defendant moves to dismiss pursuant to CPL 170.35 (subd 1, par [c]), the statute defining the offense charged is unconstitutional or otherwise invalid. The Town of Smithtown...

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