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People v. Deeks

Supreme Court, Appellate Term, Second Department
Dec 12, 1969
61 Misc. 2d 1019 (N.Y. App. Term 1969)

Opinion

December 12, 1969

Appeal from the Police Justice Court of the Incorporated Village of Sea Cliff, Nassau County, SKINNER, Acting J.

David R. Siegal and Jay Martin Siegal for appellant.


The requirement of the ordinance that 100% of the residents living within 200 feet of the "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.


Summaries of

People v. Deeks

Supreme Court, Appellate Term, Second Department
Dec 12, 1969
61 Misc. 2d 1019 (N.Y. App. Term 1969)
Case details for

People v. Deeks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HIRAM DEEKS, Respondent

Court:Supreme Court, Appellate Term, Second Department

Date published: Dec 12, 1969

Citations

61 Misc. 2d 1019 (N.Y. App. Term 1969)
307 N.Y.S.2d 914

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