ANTHONY v. TOWN OF NORTH HEMPSTEAD


2 A.D.3d 378 (2003)

767 N.Y.S.2d 814

NEVILLE ANTHONY et al., Appellants, v. TOWN OF NORTH HEMPSTEAD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that Town of North Hempstead Code § 2-104 (B) (3) and § 2-113 are unconstitutional.

The Town of North Hempstead Code (hereinafter the Code) § 2-103 prohibits an owner of a dwelling unit from, inter alia, renting such unit without a permit....

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