Legal Opinion
People v. South Shore Amusements, Inc.
Appellate Terms of the Supreme Court of New York
Decided February 23, 1976Published
1Opinion of the Court
Memorandum.
Order dismissing the informations is affirmed (see 82 Misc 2d 892).
The People appeal from an order dismissing, on constitutional grounds, a criminal action alleging that defendant violated subdivision D of section 105-3 of the Code of the Town of Hempstead (amusement rides prohibited). The case was submitted on an agreed statement of facts. There is no question that defendant operated amusement rides in violation of the statute’s prohibition.
Although it is our opinion that the State has not totally preempted the town from restricting the use of amusement rides (Myerson v Lentini…
2Cases cited6 opinions
- Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Myerson v. Lentini Brothers Moving & Storage Co.New York Court of Appeals · 1973
- Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972
- S. H. Kress & Co. v. Department of HealthNew York Court of Appeals · 1940
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