PEOPLE v. DEEKS

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.