Appellate Division of the Supreme Court of the State of New York December 1, 2003 (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.