Festa v. New York City Department of Consumer Affairs

*344Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered April 3, 2006, which, in this action seeking declaratory and injunctive relief, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to declare in defendants’ favor that the Cabaret Law and attendant zoning regulations are constitutional to the extent challenged, and otherwise affirmed, without costs.

Recreational dancing is not a form of expression protected by the federal or state constitution (see Dallas v Stanglin, 490 US 19 [1989]; Kent’s…