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CONSUMER AFFAIRS v. CONEY IS

113 Misc.2d 1012 (1982)

City of New York Department of Consumer Affairs, Plaintiff, v. Coney Island Service Station, Defendant. City of New York Department of Consumer Affairs, Plaintiff, v. Francisco Gomez et al., Defendants. City of New York Department of Consumer Affairs, Plaintiff, v. J & S Super Service Station, Defendant.

Civil Court of the City of New York, Kings County.

April 21, 1982

Attorney(s) appearing for the Case

Calvin House and Jacquelyn Murch for plaintiff. Arnold P. Azarow for defendants.

HERBERT KRAMER, J.

The question before the court is whether the New York City Department of Consumer Affairs may properly promulgate and enforce a regulation (with accompanying civil penalties) prohibiting the retail sale of gasoline at rates exceeding the maximum prices established by the United States Department of Energy, pursuant to the Emergency Petroleum Allocation Act (US Code, tit 15, § 751 et seq.).

Defendants challenge the...

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