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People v. Deeks

61 Misc. 2d 1019 Court Supreme Court, Appellate Term, Second Department, Decision date 1969-12-12 English

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Majority

p. 1019
The People of the State of New York, Appellant, v. Hiram Deeks, Respondent.
Supreme Court, Appellate Term, Second Department,
December 12, 1969.
p. 1020
David B. Siegal send. Jay Martin Siegal for appellant.

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.