In Baer v. Town of Brookhaven 73 NY2d 942 (1989) an ordinance that defined family as "one or more persons relation by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding four, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a family" was unconstitutional as applied to five unrelated elderly women because the ordinance restricts the size of a functionally equivalent family by not the size of a traditional family.