August 31, 2010
THE CITY OF NEW YORK, RESPONDENT,
GOLDEN FEATHER SMOKE SHOP, INC., KIMO SMOKE SHOP, INC., SMOKE AND ROLLS INC., SHAWN MORRISON, KIANA MORRISON, IN HER INDIVIDUAL CAPACITY, JESSEY WATKINS, TONY D. PHILLIPS, DEFENDANTS,
MONIQUE'S SMOKE SHOP, ERNESTINE WATKINS, IN HER INDIVIDUAL CAPACITY, WAYNE HARRIS, RED DOT & FEATHERS SMOKE SHOP, INC., RAYMOND HART, IN HIS INDIVIDUAL CAPACITY, SMOKING ARROW SMOKE SHOP, DENISE PASCHALL, IN HER INDIVIDUAL CAPACITY, TDM DISCOUNT CIGARETTES, THOMASINA MACK, IN HER INDIVIDUAL CAPACITY, PEACE PIPE SMOKE SHOP, RODNEY MORRISON, CHARLOTTE MORRISON, IN HER INDIVIDUAL CAPACITY, APPELLANTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Pursuant to the August 20, 2010 order of the United States Court of Appeals for the Second Circuit withdrawing its certification of questions accepted by this Court on May 11, 2010, certified questions marked withdrawn.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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