Matter of Cohen v Assessor, City of Buffalo
2012 NY Slip Op 09225 [101 AD3d 1744]
December 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of David G. Cohen et al., Appellants, v Assessor, City of Buffalo, et al., Respondents.

—[*1] Wolfgang & Weinmann, LLP, Buffalo (Jorge S. DeRosas of counsel), for petitioners-appellants.

Bennett, Difilippo & Kurtzhalts, LLP, East Aurora (Joel R. Kurtzhalts of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 18, 2011 in a proceeding pursuant to RPTL article 7. The order denied petitioners' motion to preclude an interior inspection of their homes.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in Matter of Aylward v City of Buffalo (101 AD3d 1743 [2012]). Present—Centra, J.P., Fahey, Valentino and Martoche, JJ.