Summary
In People v. Renaissance Project (78 Misc.2d 607), we declared invalid a provision limiting the occupancy of a one-family dwelling to any number of individuals who are related by blood, marriage or adoption, but requiring individuals not so related to obtain a permit, relying on the decision of the United States Court of Appeals for the Second Circuit in Boraas v. Village of Belle Terre (476 F.2d 806).
Summary of this case from People v. NolanOpinion
June 15, 1973
Appeal from the Justice Court of the Village of Tarrytown, RALPH BETTMAN, J.
McCarthy, Fingar, Gaynor Donovan ( Arthur F. Gaynor of counsel), for appellants.
Kreindler, Relkin, Olick Goldberg ( Arthur S. Olick 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.