Cosgrove v. Imperial News Inc.

Motion for temporary restraining order denied. Memorandum: The court properly vacated the temporary restraining order. On the facts of this case the court had no authority to restrain the dissemination of the alleged obscene material prior to a hearing (Heller v New York, 413 US 483; Matter of Gaetano v Erwin, 46 AD2d 735). The parties are directed to proceed forthwith to a hearing on the application for a preliminary injunction. (Order entered September 19,1975.)