GALAXY RENTAL v. STATE OF NY


88 A.D.2d 99 (1982)

Galaxy Rental Service, Inc., by Charles Barone, President, Appellant, v. State of New York et al., Respondents

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

July 9, 1982


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul Cambria, Jr., of counsel), for appellant.

Robert Abrams, Attorney-General (Arthur Giacalone and William J. Kogan of counsel), for respondents.

DILLON, P. J., SIMONS, DOERR and SCHNEPP, JJ., concur.


BOOMER, J.

On this appeal we are called upon to decide the constitutionality of certain provisions of article 12 of the Real Property Law and related rules authorizing the Secretary of State to regulate the business of apartment information vendors. Of primary concern is the extent to which the Secretary of State can control the plaintiff's commercial speech.

Plaintiff is an apartment information vendor...

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