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PEOPLE v. RENAISSANCE PROJECT

78 Misc.2d 607 (1973)

The People of the State of New York, Respondent, v. Renaissance Project, Inc., et al., Appellants.

Supreme Court, Appellate Term, Second Department.

June 15, 1973

Attorney(s) appearing for the Case

McCarthy, Fingar, Gaynor & Donovan (Arthur F. Gaynor of counsel), for appellants. Kreindler, Relkin, Olick & Goldberg (Arthur S. Olick of counsel), for respondent.

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

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

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