This is a decision on an appeal from an August 1, 2003 decision and order and a December 4, 2003 decision and order which granted administrative search warrants for the property located at 345 Flower City Park in the city of Rochester. Steven Kelly and David Ahl appealed.

A review of the record reveals the following pertinent facts:

The City of Rochester submitted an application for an administrative search warrant for the property located at 345 Flower City Park to the Hon. Ellen M. Yacknin on or about May 16, 2003. Attached to the application was a supporting affidavit of Rodric Cox-Cooper. On August 1, 2003 Judge Yacknin issued a decision and order granting the administrative search warrant. The administrative search warrant had to be executed prior to August 11, 2003. The Rochester Police Department did not execute the administrative search warrant before the warrant expired. The City of Rochester submitted a second application for an administrative search warrant for 345 Flower City Park. Hon. Teresa D. Johnson of Rochester City Court signed the warrant on September 8, 2003, however, Judge Johnson later vacated her order believing that Judge Yacknin had jurisdiction over warrants pertaining to 345 Flower City Park. [*2]The appellants moved to intervene and reargue the August 1, 2003 decision by Order to Show Cause on September 25, 2003. Judge Yacknin allowed the re-argument and then issued a second decision and order on December 4, 2003. The appellants filed a notice of appeal on September 8, 2003 with respect to the decision and order issued August 1, 2003 by Judge Yacknin. The appellants filed a second notice of appeal on January 15, 2004 with respect to the decision and order issued December 4, 2003 by Judge Yacknin. The appellants moved to consolidate their appeals. This court granted the appellants request to consolidate the appeals on March 11, 2004. The Court has reviewed the record on appeal, the briefs submitted by the parties, the briefs of amicus curiae submitted by interested parties, and heard oral argument.

The first issue to be determined is whether the decision and order issued on August 1, 2003 by Rochester City Court is appealable. This court determines it is not appealable. The August 1, 2003 decision and order authorized the administrative search of the premises on 345 Flower City Park. The administrative search warrant expired on August 11, 2003. The Rochester Police Department failed to execute the administrative search warrant before the warrant expired. Because the warrant expired and no search of the premises occurred, this court determines that the issue of whether the August 1, 2003 decision and order of City Court was valid and legal is moot (see e.g. Barish v. Servey, 181 AD2d 1069 [4th Dept 1992]; Hearst Corp. v. Clyne, 50 NY2d 707 [1980]).

The second issue to be determined is whether the decision and order issued on December 4, 2003 by Rochester City Court is appealable. The court determines that it is not appealable. This issue is also moot. The appellants moved to vacate an order that had already expired and was never executed. The City of Rochester did not submit a new application for an administrative search warrant. Rochester City court issued a decision when there was no justiciable controversy before it. The December 4, 2003 decision and order by Rochester City Court can only be considered as an advisory opinion. The jurisdiction of Rochester City Court is extended only to live controversies and, therefore, Rochester City Court is prohibited from issuing advisory opinions. Therefore, this court is unable to review the issues raised by the appellants (see e.g. Connor v. Siebert, 56 NY2d 674 [1982]).

Therefore, the appeals are dismissed, and the August 1, 2003 and the December 4, 2003 decisions and orders below are vacated as moot.

This shall constitute the decision and order of this Court.

Dated this 22nd day of December, 2004 at Rochester, New York.

Dated: December 22, 2004 _________________________

PATRICIA D. MARKS

COUNTY COURT JUDGE