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BAER v. TOWN OF BROOKHAVEN

73 N.Y.2d 942 (1989)

Roseann Baer et al., Respondents, v. Town of Brookhaven et al., Appellants.

Court of Appeals of the State of New York.

Decided March 23, 1989.

Attorney(s) appearing for the Case

David P. Fishbein, Town Attorney (Denise F. Molia of counsel), for appellants.

Robert Briglio and Leonard S. Clark for respondents.

Michael Shank for Concern for Mental Health, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiffs, five unrelated elderly women, live in a house located in a Town of Brookhaven residential zone where only one-family dwellings are permitted as of right. Under the Town Code the term "family" is defined as "[o]ne or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit...

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