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TOWN OF ISLIP v. CAVIGLIA

141 A.D.2d 148 (1988)

Town of Islip, Respondent, v. Frank Caviglia et al., Doing Business as Happy Hour Bookstore, Appellants

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

September 26, 1988

Attorney(s) appearing for the Case

Bernard Fromartz for appellants.

Guy W. Germano, Town Attorney (Michael J. Cahill and Doris E. Roth of counsel), for respondent.

THOMPSON, J. P., SULLIVAN and HARWOOD, JJ., concur.

SPATT, J.

The issue on this appeal is the constitutionality of an ordinance of the Town of Islip that relegates the location of an adult bookstore to the town's Industrial I zoning district. Since we find that this ordinance is not aimed at the content of the books sold but is in the nature of a time, place and manner restriction, we hold that the ordinance is constitutionally permissible.

I

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