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LORETTO v. TELEPROMPTER CATV

58 N.Y.2d 143 (1983)

Jean Loretto, on Behalf of Herself and All Others Similarly Situated, Appellant, v. Teleprompter Manhattan CATV Corp. et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 1983.

Attorney(s) appearing for the Case

Michael S. Gruen, Daniel J. Sullivan and Eric B. Levine for appellant.

Michael Lesch and John G. Nicolich for Teleprompter Manhattan CATV Corp. and another, respondents.

Frederick A. O. Schwarz, Jr., Corporation Counsel (John C. Brennan, Leonard Koerner and Alfred Weinstein of counsel), for City of New York, respondent.

Robert Abrams, Attorney-General (Lawrence J. Logan and Peter H. Schiff of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and SIMONS concur.

MEYER, J.

The Supreme Court in reversing our order of affirmance in this case (458 US ___, 102 S.Ct. 3164, revg 53 N.Y.2d 124)1 and remanding to us for further proceedings not inconsistent with its opinion did not question our holding that section 828 of the Executive Law was a proper exercise of the police power (458 US, at p ___, 102 S Ct, at...

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