People v. Deeks
61 Misc. 2d 1019 | N.Y. App. Term. | 1969
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.
