Majority
p. 812Edward C. Cosgrove, as District Attorney of Erie County, Plaintiff, v Imperial News Inc. et al., Defendants.
Motion for temporary restraining order denied. Memorandum: The court properly vacated the temporary restraining order. On the facts of this case the court had no authority to restrain the dissemination of the alleged obscene material prior to a hearing (Heller v New York, 413 US 483 ; Matter of Gaetano v Erwin, 46 AD2d 735 ). The parties are directed to proceed forthwith to a hearing on the application for a preliminary injunction. (Order entered September 19,1975.)
Cases cited
- Heller v. New York 413 US 483 p. 812
- Gaetano v. Erwin 46 AD2d 735 p. 812