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.