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TOWN OF ISLIP v. CAVIGLIA

73 N.Y.2d 544 (1989)

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

Court of Appeals of the State of New York.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Bernard Fromartz for appellants.

Robert J. Cimino, Town Attorney, and Doris E. Roth for respondent.

Chief Judge WACHTLER and Judges HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge ALEXANDER concurs; Judge KAYE dissents and votes to reverse in another opinion.

SIMONS, J.

Petitioner, Town of Islip, seeks to enjoin respondents from continuing operation of an adult bookstore in a prohibited zone in violation of the Town's zoning ordinance. The ordinance differentiates between certain "adult" uses, i.e., bookstores, theaters, motels, cabarets and massage parlors which exclude minors by reason of age and those which do not, and limits the operation of adult uses to areas...

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