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DOUGAL v. COUNTY OF SUFFOLK

102 A.D.2d 531 (1984)

John Dougal et al., Respondents, v. County of Suffolk et al., Appellants

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

July 9, 1984

Attorney(s) appearing for the Case

Martin Bradley Ashare, County Attorney (Marion T. McNulty of counsel), for County of Suffolk and others, appellants, and Guy Germano, Town Attorney (Lawrence Donohue of counsel), for Town of Islip and others, appellants. (One brief filed.)

Gerald B. Lefcourt, P. C. (Joshua L. Dratel of counsel), for respondents.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Ronald E. Sternberg and Dody Schorr of counsel), for the City of New York, amicus curiae.

MOLLEN, P. J., LAZER and THOMPSON, JJ., concur.

TITONE, J.

Plaintiffs are merchants who own and operate certain retail establishments in Suffolk County. They brought this action to declare Local Law No. 42-1981 of the County of Suffolk and Local Law No. 4 of the Town of Islip (1981), both of which forbid the sale of certain merchandise characterized as drug paraphernalia, unconstitutional and unenforceable, claiming that State legislation is preemptive and that the local ordinances are void for vagueness...

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