PEOPLE v. SPITZ


77 Misc.2d 581 (1973)

The People of the State of New York, Respondent, v. Leon Spitz et al., Appellants, and Dennis Shy, Defendant.

Supreme Court, Appellate Term, Second Department.

May 31, 1973


Attorney(s) appearing for the Case

Dubbs, Leopold & Davis, P. C., for appellants. Doris F. Ulman, Special Assistant District Attorney for County of Rockland, for respondent.

Concur — GLICKMAN, P. J., PITTONI and McCULLOUGH, JJ.


MEMORANDUM.

Judgments of conviction unanimously reversed on the law and informations dismissed.

The ordinance in question, which required the issuance of a new certificate of occupancy prior to each new tenancy or occupancy of a dwelling unit, is an unreasonable exercise of police power. (See Matter of Di Pasquale v. Haskins, 25 A.D.2d 490

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