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61 Misc. 2d 1019

People v. Deeks

Appellate Terms of the Supreme Court of New York · decided 1969-12-12

Cited by 2 later decisions — most recently July 1983

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1969-12-12

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Per Curiam.

¶1The 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.

¶2The order and judgment dismissing information should be unanimously affirmed.

¶3Concur — Hogan, P. J., Gulotta and Glickman, JJ.

¶4Order and judgment affirmed.

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