Matter of City of Rochester (187 Clifton
2011 NY Slip Op 09370 [90 AD3d 1485]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


In the Matter of City of Rochester for a Warrant to Inspect 187 Clifton Street, City of Rochester, County of Monroe, State of New York. Florine Nelson et al., Appellants,
v
City of Rochester, Respondent. (Appeal No. 1.)

—[*1] 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.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered February 8, 2010. The order denied the challenge to Local Law No. 3 of the City of Rochester and ordered a hearing on the application for a judicial warrant for inspection.

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

Same memorandum as in Matter of City of Rochester (449 Cedarwood Terrace) (90 AD3d 1480 [2011]). Present—Smith, J.P., Carni, Lindley, Sconiers and Martoche, JJ.