| Matter of City of New York; 320 Broadway, Staten Island NY |
| Motion No: 2010-04318 |
| Slip Opinion No: 2010 NY Slip Op 73268(U) |
| Decided on June 2, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M103736
S/nl
STEVEN W. FISHER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-04318 In the Matter of City of New York, et al., petitioners. (Index No. 80114/10)
| DECISION & ORDER ON MOTION |
Application by the petitioners pursuant to CPLR 5704(a) to vacate an order of the Supreme Court, Richmond County (Minardo, J.), dated April 29, 2010, which denied their ex parte application for an order authorizing an administrative inspection of the premises known as 320 Broadway, Staten Island, New York, 10310, Black 207, Lot 67.
ORDERED that the application pursuant to CPLR 5704(a) is granted, the order dated April 29, 2010, is vacated, the petitioners' application for an order authorizing an administrative inspection of the subject premises is granted, and the matter is remitted to the Supreme Court, Richmond County, for the entry of an appropriate order authorizing an administrative inspection of the subject premises.
The petitioners' submissions in support of their application established probable cause to justify the issuance of a warrant of inspection (see Camara v Municipal Court of City and County of San Francisco, 387 US 523; Matter of Lacatena (Department of Agric. & Mkts. of State of N.Y.), 173 AD2d 952, 953; R & L Distribs. v Wickham, 36 AD2d 884, 885). Accordingly, the Supreme Court should have granted the petitioners' application for an order authorizing an administrative inspection of the subject premises.
FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court