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TIME SQ. BOOKS v. ROCHESTER

223 A.D.2d 270 (1996)

645 N.Y.S.2d 951

Time Square Books, Inc., Doing Business as Time Square Books, et al., Appellants, v. City of Rochester et al., Respondents

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

July 12, 1996

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, L. L. P., Buffalo (Paul Cambria, Jr., William M. Feigenbaum and Cherie L. Peterson of counsel), for appellants.

Linda S. Kingsley, Corporation Counsel of City of Rochester (Jeffrey Eichner of counsel), for respondents.

FALLON and DOERR, JJ., concur with GREEN, J. P.; BOEHM, J., dissents and votes to affirm in a separate opinion in which LAWTON, J., concurs.

GREEN, J. P.

Defendant City of Rochester (City) amended its Municipal Code to regulate public entertainment establishments providing booths for the private viewing of motion pictures or "adult entertainment."* Effective February 1, 1996, the ordinance provides:

"No person shall own, operate, manage or control, or cause or permit the establishment, operation or use of a booth...

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