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MTR OF GLENWOOD TV v. RATNER

103 A.D.2d 322 (1984)

In the Matter of Glenwood TV, Inc., Respondent, v. Bruce C. Ratner, as Commissioner of the Department of Consumer Affairs of The City of New York, Appellant. (Action No. 1.) In the Matter of Charles TV, Inc., Respondent, v. Bruce C. Ratner, as Commissioner of the Department of Consumer Affairs of The City of New York, Appellant. (Action No. 2.)

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

September 17, 1984

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner and David Drueding of counsel), for appellant.

Meissner, Tisch & Kleinberg (Ronald M. Kleinberg, Laurel J. Weinberg and Gino Josh Singer of counsel), for respondents.

THOMPSON and RUBIN, JJ., concur with TITONE, J. P.; GIBBONS, J., dissents in part and votes to modify the judgments appealed from in an opinion in which BRACKEN, J., concurs.

TITONE, J. P.

The Commissioner of the New York City Department of Consumer Affairs appeals from two judgments of the Supreme Court, Kings County, which declared subdivision 5 of section B32-472.0 and section 773-13.0 of the Administrative Code of the City of New York unconstitutional insofar as they purport to authorize nonconsensual periodic inspections of the records of licensed television and radio repair...

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