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MATTER OF CHWICK v. MULVEY

2009-01468.

81 A.D.3d 161 (2010)

915 N.Y.S.2d 578

In the Matter of ALAN J. CHWICK et al., Appellants, et al., Petitioner/Plaintiff, v. LAWRENCE W. MULVEY et al., Respondents.

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

Decided December 28, 2010.

Attorney(s) appearing for the Case

Duane Morris, LLP, New York City ( Robert P. Firriolo of counsel), for appellants.

John Ciampoli , County Attorney, Mineola ( Lisa B. Ross and Dennis J. Saffran of counsel), for respondents.

MASTRO, J.P., SANTUCCI and CHAMBERS, JJ., concur.

OPINION OF THE COURT

BELEN, J.

This Court is called upon to resolve two issues. The first is whether a Nassau County ordinance that bans "deceptively colored" handguns is preempted by state law. The second is whether the ordinance violates the appellants' rights under New York's Civil Rights Law. We need to consider the second question only if the first question is answered in the negative.

The principal issue on appeal is whether a Nassau County...

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