Anthony v. Town of North Hempstead

In an action for a judgment declaring that Town of North Hempstead Code § 2-104 (B) (3) and § 2-113 are unconstitutional, the plaintiffs appeal from an order of the Supreme Court, Nassau County (DeMaro, J.), dated January 6, 2003, which denied their motion for summary judgment and granted the defendant’s cross motion for summary judgment.

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)…