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PECORARO v. BUFFALO

112 Misc.2d 985 (1982)

Thomas Pecoraro, Doing Business as Silver Vending Company, et al., Plaintiffs, v. City of Buffalo et al., Defendants. Eric Joseph, Doing Business as Westworld, Plaintiff, v. Matthew M. Baudo, as Commissioner of the Department of Inspections and Licenses of the City of Buffalo, et al., Defendants.

Supreme Court, Erie County.

February 22, 1982

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria of counsel), for plaintiffs. Joseph P. McNamara, Corporation Counsel (Mary Louise Hayden of counsel), for defendants.

JAMES B. KANE, J.

Plaintiffs request this court for a judgment pursuant to CPLR article 30 declaring certain ordinances of the City of Buffalo unconstitutional on their face and as applied. Specifically, chapter 7 (§ 27, subd [9]) governing amusement arcades. After a hearing the court granted plaintiffs a preliminary injunction enjoining the defendants from taking any action to enforce said ordinances against the plaintiffs pending a final determination...

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