BOOKSTEIN, J.
The provisions of section 83 Gen. City of the General City Law here involved constitute a limitation on the general legislative powers of the common council and must be strictly construed. Concededly, the protest was not acknowledged. "The court may not exercise a dispensing power based on the principles of abstract justice fitting the particular case. It may only see that the requirements of the law are complied with." ( Ponsrok v. City of Yonkers, 254 N.Y. 91, 95.) In the absence of a protest which complies with the requirements of section 83 Gen. City of the General City Law, a majority vote of the council is adequate to pass a valid ordinance, amending the local zoning laws.
On an application for a temporary injunction, the right thereto must be clear, before it can be granted. This application fails to present such a situation.
Motion for temporary injunction denied.