For the People Theatres of N.Y., Inc. v. City of New York

Andrias J.

(dissenting). In this protracted litigation, we once again consider the constitutionality of the City’s adult use zoning regulations, as amended in 2001.

When the matter was last before this Court, we vacated the trial court’s finding, after separate trials, that the 2001 Amendments were constitutional on the ground that the court “did not elaborate on the criteria [underlying its determination]” and “failed to state the particular facts on which it based its judgment” (84 AD3d 48, 59 [1st Dept 2011], revg 27 Misc. 3d 1079 [Sup Ct, NY County 2010]). Accordingly, we remitted the…