Trans-Lux Distributing Corp. v. Board of Regents of University of State of N.Y.
| Decision Date | 10 June 1965 |
| Docket Number | TRANS-LUX |
| Citation | 261 N.Y.S.2d 903,16 N.Y.2d 710 |
| Parties | , 209 N.E.2d 558 Application ofDISTRIBUTING CORP., Respondent, for an order, etc. v. The BOARD OF REGENTS OF the UNIVERSITY OF the STATE OF NEW YORK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 19 A.D.2d 937, 244 N.Y.S.2d 333.
Petitioner brought a proceeding under the Civil Practice Act to annul a determination of the Board of Regents of the University of the State of New York refusing a license for the exhibition in the state of a moving picture film 'A Stranger Knocks' and to compel the Board of Regents to issue a license.
The Supreme Court, Special Term, Albany County, transferred the proceedings to the Appellate Division.
The Appellate Division annulled the determination of the Board of Regents and remitted the matter with direction to license the film.
On appeal the Court of Appeals, 14 N.Y.2d 88, 248 N.Y.S.2d 857, 198 N.E.2d 242, reversed the order, reinstated the determination of the Board of Regents and held that scenes portraying sexual relations were obscene within the Education Law, Consol. Laws, c. 16, § 122.
The Order of the Court of Appeals was reversed by the Supreme Court of the United States, 380 U.S. 259, 85 S.Ct. 952, 13 L.Ed.2d 959, and thereafter a motion was made to amend the remittitur.
Motion to amend the remittitur granted; the return of the remittitur requested and, when returned, it will be amended by adding thereto the following: 'And thereafter the Supreme Court of the United States having reversed the order of this court and the judgment entered thereon in the Supreme Court, Albany County, and by its mandate having directed further proceedings not inconsistent with its opinion, it is accordingly now ordered that the order of this court entered March 26, 1964, be and the same hereby is vacated, and the order appealed from to this court be and the same hereby is modified with costs to the extent that the matter be remitted to the Supreme Court, Albany County, with directions to vacate its judgment entered April 24, 1964, and to enter a new judgment declaring and determining that Title 1, Article 3, Part II of the Education Law violates the Fourteenth Amendment of the Constitution of the United States and is null and void.
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Paramount Film Distributing Corp. v. State
...when the applicable statutes were nullified (Education Law, Consol. Laws, c. 16, §§ 120--132; Matter of Trans-Lux Distr. Corp. v. Board of Regents, 16 N.Y.2d 710, 261 N.Y.S.2d 903, 209 N.E.2d 558, on remand from the United States Supreme Court, 380 U.S. 259, 85 S.Ct. 952, 13 L.Ed.2d 959). T......
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Paramount Film Distributing Corp. v. State
...that the Court of Claims lacks jurisdiction. On June 10, 1965, the Court of Appeals in Matter of Trans-Lux Distributing Corp. v. Board of Regents, 16 N.Y.2d 710, 261 N.Y.S.2d 903, 209 N.E.2d 558, held the movie licensing provisions of the Education Law (Education Law, § 120 et seq.) void as......
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Paramount Film Distributing Corp. v. State
...of the movie licensing provisions of the Education Law ( § 120, et seq.) in Matter of Trans-Lux Distr. Corp. v. Board of Regents of Univ. of State of N.Y., 16 N.Y.2d 710, 261 N.Y.S.2d 903, 209 N.E.2d 558, was not retroactive so that the license fees paid by the appellant-respondent were not......