Cermak v. City of Rochester (In re City of Rochester)

Full title: In the Matter of the Application of CITY OF ROCHESTER for an “Inspection…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Dec 23, 2011

90 A.D.3d 1483 (N.Y. App. Div. 2011)

2011 N.Y. Slip Op. 9368

934 N.Y.S.2d 881

Opinion

2011-12-23

In the Matter of the Application of CITY OF ROCHESTER for an “Inspection Warrant” to Inspect 449–451 Cedarwood Terrace, City of Rochester, County of Monroe, State of New York.Jill Cermak and Bruce Henry, 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.

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.

Same Memorandum as in Matter of City of Rochester ( Cermak ) [Appeal No. 1], 90 A.D.3d ––––, 935 N.Y.S.2d 748, 2011 WL 6462248 [Dec. 23, 2011].

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

SMITH, J.P., CARNI, LINDLEY, SCONIERS, and MARTOCHE, JJ., concur.