Pokoik v. Village of Ocean Beach

In an action for a judgment declaring unconstitutional Village of Ocean Beach Code § 145-9, prohibiting public consumption of food and beverages, and permanently enjoining the defendant Village of Ocean Beach from enforcing that provision, the plaintiff appeals from an order of the *500Supreme Court, Suffolk County (Copertino, J.), dated July 31, 1990, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (3) and (7) for lack of standing to sue and for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

The plaintiff is the owner of…