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

Per Curiam.

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.

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PEOPLE v. DEEKS
(Dec 12, 1969)