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ROTUNNO v. CITY OF ROCHESTER

124 Misc.2d 448 (1984)

Louis J. Rotunno et al., Plaintiffs, v. City of Rochester, Defendant. New York State Liquor Authority, Intervenor.

Supreme Court, Monroe County.

May 24, 1984

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Paul J. Yesawich, III, of counsel), for plaintiffs. Louis N. Kash, Corporation Counsel (Jeffrey Eichner of counsel), for defendant. Robert Abrams, Attorney-General (Charles D. Steinman of counsel), for intervenor.

EUGENE W. BERGIN, J.

The plaintiffs who are police officers of the City of Rochester, have brought the action seeking a declaratory judgment and ask in their complaint that section 128 of the Alcoholic Beverage Control Law and section 100.1 of the New York State Liquor Authority Regulations (9 NYCRR) be declared unconstitutional and void. They further seek in their complaint a judgment permanently enjoining the City of Rochester from enforcing the regulation...

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