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Orange County Theatres, Inc. v. City of Newburgh

254 A.D. 905 Court N.Y. App. Div. Decision date 1938-06-24 English

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p. 905
Orange County Theatres, Inc., Appellant, v. The City of Newburgh, James D. Tweed, as Mayor, and Wygant D. Fowler and Others, as Councilmen, Composing the Council of the City of Newburgh, and Fred G. Brown, as Chief of Police of Said City, Respondents.

In an action to restrain the enforcement of ordinances providing for a motion picture operators board and for the general regulation of picture machines and operators, judgment was rendered in favor of defendants on the merits. Judgment unanimously affirmed, with costs. The section of the ordinances requiring local residence as a condition to being examined for an operator’s license is invalid, but it appears that the objectionable provision of the section has been removed and will not be enforced. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.