¶1This is an appeal, pursuant to article 78 of the Civil Practice Law and Rules, seeking a review of the determination of the Board of Regents. The parts of the motion picture, directed by the Board of Regents to be eliminated as “ obscene. ”, in our opinion do not constitute an appeal to prurient interest in violation of the statute. (Matter of Excelsior Pictures Corp. v. Regents, 3 N Y 2d 237, 242; Kingsley Pictures Corp. v. Regents, 360 U. S. 684.) Determination annulled, and matter remitted with the direction to license the film, with $50 costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.
21 A.D.2d 920
Metzger v. Couper
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1964
Appellate Division of the Supreme Court of the State of New York · decided 1964-07-02
Relies on Kingsley International Pictures Corp. v. Regents of the University
Decided 1964-07-02