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CITYSPEC, INC. v. SMITH

No. CV 07-1224.

617 F.Supp.2d 161 (2009)

CITYSPEC, INC. and Bruno Tucci, Plaintiffs, v. M. Patricia SMITH, Commissioner of the New York State Department of Labor, Defendant.

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

May 18, 2009.

Attorney(s) appearing for the Case

Campanelli & Associates, P.C., by: David A. Antwork, Esq., Mineola, NY, Andrew M. Cuomo, Attorney General of the State of New York, by: Donya Fernandez, Esq., Assistant Attorney General, New York, NY, for Plaintiffs.

MEMORANDUM AND ORDER

WEXLER, District Judge.

In this action, Plaintiffs allege that the New York State statute regulating the business of boiler inspection violates the United States Constitution. Named as Defendant is the New York State official alleged to be responsible for administration and enforcement of the statute. Arguing that there are no questions of material fact, both parties move for summary...

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