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PANKOS DINER CORP. v. NASSAU COUNTY LEGISLATURE

No. 03-CV-1203(DRH)(WDW).

321 F.Supp.2d 520 (2003)

PANKOS DINER CORP., K & S Caterers, Inc., Sean & Sean, Inc., Stardust Diners, Inc., Garden City Hotel Inc., Jkg's, Inc., on behalf of themselves and all others similarly situated, Plaintiffs, v. NASSAU COUNTY LEGISLATURE, the County of Nassau, a Municipal Corporation, Judith Jacobs, Presiding Officer of the Nassau County Legislature, David M. Ackman, MD, MPH, Commissioner of the Nassau County Department of Health, Defendants.

United States District Court, E.D. New York.

June 5, 2003.

Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C. by Arthur J. Kremer, Esq., Uniondale, NY, for Plaintiffs.

Lorna B. Goodman, Nassau County Attorney by Jane M. Houdek, Esq., Mineola, NY, for Defendants.

MEMORANDUM & ORDER

HURLEY, District Judge.

Plaintiffs seek a preliminary injunction to halt the enforcement of Nassau County Local Law No. 15-2002 ("2002 Smoking Law"). For the reasons discussed infra, the Court grants the motion.

I. BACKGROUND.

As this case involves a challenge to the facial viability of a county statute, the relevant background facts are a matter of public record. With that said, the Court calls the...

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