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ANONYMOUS v. ROCHESTER

56 A.D.3d 139 (2008)

865 N.Y.S.2d 804

JIOVON ANONYMOUS, an Infant, by his Father and Legal Guardian, THOMAS ANONYMOUS, et al., Appellants, v. CITY OF ROCHESTER et al., Respondents. (Appeal No. 1.)

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

October 10, 2008.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester (Michael Burger of counsel), for plaintiffs-appellants.

Thomas S. Richards, Corporation Counsel, Rochester (Jeffrey Eichner of counsel), for defendants-respondents.

Daniel J. Freeman, New York City, for New York Civil Liberties Union Foundation, amicus curiae.

OPINION OF THE COURT

GREEN, J.

In 2006 the Rochester City Council (City Council) adopted an ordinance codified as chapter 45 of the Code of the City of Rochester (Code) establishing a nighttime curfew for juveniles (Ordinance No. 2006-246 [hereafter, ordinance]). The ordinance took effect on September 5, 2006.1 With certain exceptions (see Code § 45-4), the ordinance makes it unlawful for minors, defined as persons...

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