Majority
p. 920In the Matter of Radley A. Metzger, Doing Business as Audubon Films, Petitioner, v. Edgar W. Couper et al., Constituting the Board of Regents of the University of the State of New York, Respondents.
This is an appeal, pursuant to article 78 of the Civil Practice Law and Rules, seeking a review of the determination of the Board of Regents. The parts of the motion picture, directed by the Board of Regents to be eliminated as “ obscene. ”, in our opinion do not constitute an appeal to prurient interest in violation of the statute. (Matter of Excelsior Pictures Corp. v. Regents, 3 N Y 2d 237 , 242; Kingsley Pictures Corp. v. Regents, 360 U. S. 684 .) Determination annulled, and matter remitted with the direction to license the film, with $50 costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.
Cases cited
- Excelsior Pictures Corp. v. Regents of the University 3 N Y 2d 237 at 242 p. 920
- Kingsley International Pictures Corp. v. Regents of the University 360 U. S. 684 p. 920