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FRANZA v. ABRAMS

No. 88 Civ. 3536 (GLG).

695 F.Supp. 747 (1988)

Michael FRANZA, Plaintiff, v. Robert ABRAMS, individually and as Attorney General of the State of New York, New York State Division of State Police, Town of Greenburgh, Greenburgh Police Department, and John Doe, Police Officers of the Town of Greenburgh and of the New York State Police, the identity and number of whom is presently unknown to Plaintiff, as individuals and in their official capacity, Defendants.

United States District Court, S.D. New York.

September 27, 1988.

Attorney(s) appearing for the Case

Cribari & Fletcher, White Plains, N.Y. (Jere B. Flecher, of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of State of N.Y., New York City (Joel Graber, of counsel), for New York State defendants.

Edward J. Rinaldi, Deputy Town Atty., Town of Greenburgh, Elmsford, N.Y., of counsel for Town of Greenburgh defendants.

OPINION

GOETTEL, District Judge.

The plaintiff in this action challenges the constitutionality of New York Public Health Law ("PHL") §§ 3387(3) and 3388 which provide for seizure and forfeiture of drug paraphernalia. The plaintiff seeks injunctive, declaratory and monetary relief from various state and local departments and officials. Before this court is plaintiff's motion for a preliminary injunction and defendants' cross motions for dismissal...

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