People v. Deeks
61 Misc. 2d 1019
N.Y. App. Term.
1969
Check Treatment
Per Curiam.

The requirement of the ordinance that 100% of the residents living within 200 feet of the 1 ‘ outer extremities of applicant’s property ” must consent to the proposed use was an unconstitutional grant of power, since the capricious exercise of a negative vote by one resident could defeat the application.

The order and judgment dismissing information should be unanimously affirmed.

Concur — Hogan, P. J., Gulotta and Glickman, JJ.

Order and judgment affirmed.