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PENNY LANE v. SUFFOLK COUNTY

191 A.D.2d 19 (1993)

In the Matter of Penny Lane/East Hampton, Inc., Petitioner, v. County of Suffolk et al., Respondents

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

June 14, 1993

Attorney(s) appearing for the Case

Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P. C., New York City (Victor Rabinowitz and Ellen Winner of counsel), for petitioner.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Caroline Levy and Arline Z. Willing of counsel), for respondents.

SULLIVAN, J. P., O'BRIEN and COPERTINO, JJ., concur.

BALLETTA, J.

We are called upon in this case to determine whether a Suffolk County local law prohibiting the display of what is deemed to be obscene material is invalid as having been preempted by State obscenity laws. We now hold that a local government does not have the power to enact its own code governing obscenity, since the provisions of the New York State Penal Law and CPLR 6330 (which authorizes local...

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