Matter of City of Rochester

Matter of City of Rochester 2011 NY Slip Op 09371 Decided on December 23, 2011 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
1100 CA 11-00363

[*1]IN THE MATTER OF THE APPLICATION OF CITY OF ROCHESTER FOR AN "INSPECTION WARRANT" TO INSPECT 187 CLIFTON STREET, CITY OF ROCHESTER, COUNTY OF MONROE, STATE OF NEW YORK.

FLORINE NELSON AND WALTER NELSON, APPELLANTS,

v

CITY OF ROCHESTER, RESPONDENT. (APPEAL NO. 2.)




Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered February 18, 2011. The order authorized the inspection of certain real property.


DAVIDSON FINK LLP, ROCHESTER (MICHAEL A. BURGER OF COUNSEL), FOR APPELLANTS.
JEFFREY EICHNER, ACTING CORPORATION COUNSEL, ROCHESTER (IGOR SHUKOFF OF COUNSEL), FOR RESPONDENT.
DIBBLE & MILLER, P.C., ROCHESTER (CRAIG D. CHARTIER OF COUNSEL), FOR NEW YORK STATE COALITION OF PROPERTY OWNERS & BUSINESSES, INC., AMICUS CURIAE.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Matter of City of Rochester (Cermak) ([appeal No. 1] ___ AD3d ___ [Dec. 23, 2011]).
Entered: December 23, 2011
Frances E. Cafarell
Clerk of the Court