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People v. Renaissance Project, Inc.

78 Misc. 2d 607 Court Supreme Court, Appellate Term, Second Department, Decision date 1973-06-15 English

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p. 607
The People of the State of New York, Respondent, v. Renaissance Project, Inc., et al., Appellants.
Supreme Court, Appellate Term, Second Department,
June 15, 1973.
McCarthy, Fingar, Gaynor £ Donovan (Arthur F. Gaynor of counsel), for appellants. Kreindler, Belkin, Olick £ Goldberg (Arthur 8. OUck of counsel), for respondent.

Memorandum. Judgment of conviction unanimously reversed on the law and complaint is dismissed.

The ordinance of the Village of Tarrytown which allows occupation of a one-family dwelling by any number of individuals related by blood, marriage or adoption without a permit, but' which requires a permit for occupants, not exceeding five in number and not so related, is invalid (Boraas v. Village of Belle Terre, 476 F. 2d 806 ).

Concur — Glickman, P. J., Pittoni and McCullough, JJ.