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PEOPLE v. RIVERHEAD AUTO HOSP.

66 Misc.2d 506 (1970)

The People of the State of New York, Respondent, v. Riverhead Auto Hospital, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

November 19, 1970

Attorney(s) appearing for the Case

William C. Haugaard for appellant. George Aspland, District Attorney (John J. Munzel of counsel), for respondent.

Concur — HOGAN, P. J., GULOTTA and GLICKMAN, JJ.

Per Curiam.

The proof was insufficient to establish that defendant was engaged in the business of dealing in junk. Insofar as the ordinance attempts to classify all automobiles in need of more than minor repairs as junk, and the repairman a junk dealer, ipso facto, it is invalid. (Town of Starkey v. Hill, 57 Misc.2d 719.)

Furthermore, a Court of Special...

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