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MASTROVINCENZO v. CITY OF NEW YORK

Docket No. 04-2264-CV.

435 F.3d 78 (2006)

Christopher MASTROVINCENZO a/k/a Mastro and Kevin Santos a/k/a Nak or Nac, Plaintiffs-Appellees, v. THE CITY OF NEW YORK, Michael R. Bloomberg, Mayor, Gretchen Dykstra, Commissioner of Consumer Affairs, New York City Department of Parks and Recreation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2006.

Attorney(s) appearing for the Case

Deborah A. Brenner (Barry P. Schwartz, of counsel; Michael A. Cardozo, Corporation Counsel of the City of New York, on the brief), New York, NY, for Defendants-Appellants.

David Sapir Lesser (Andrew D. Kaizer, Wilmer Cutler Pickering Hale and Dorr LLP, of counsel; Douglas H. Lasdon, Urban Justice Center, New York, NY, of counsel), Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Plaintiffs-Appellees.

Before: CABRANES and SACK, Circuit Judges, and KORMAN, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether the application of the licensing requirement of the City of New York (the "City") to unlicensed street vendors of clothing painted with grafitti violates either these vendors' rights under the First Amendment or a 1997 permanent injunction entered on consent of the City of New York (the "Bery injunction") by a district court in Bery v. City of New York, No. 94 Civ. 4253(MGC) (S.D.N.Y. Oct...

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